Have a Question?

Visit our Q&A page and Get Answers.

Q&A Archives

Questions

Calculating Child Support Payments

Calculating Child Support Payments

I have always paid my ex-wife child support over the last 12 years. We didn’t use lawyers when we got divorced and filled out the child support worksheet strictly using ONLY our pay stubs. We are now both remarried and my financial situation with my current wife has changed and its a big stretch just to make ends meet.(I know that this does not matter in calculating child support payments, just giving you a little background info). My ex-wife drives a car that is owned and paid for her new spouse’s business. She also pays for ALL of the gas for that car with a company card provided to her from her new spouse. My oldest son also uses the company card to buy his gas and we give the ex-wife money to cover “our share” of that cost. Last year, her grandfather passed away and she received around $50,000 cash and will also receive some profits from the sale of his house. The house that my ex-wife owns with her new spouse is in her name only. When modifying child support calculations, would the inheritance, the car and gas allowance and any money she receives from her new spouse to pay for her monthly household bills be counted as income for her?

Good questions. The answers “depend.”

If your ex-wife is an employee of her husband’s company and has no other car to drive, then yes, an imputation of income would be made based on the benefits she receives. However, if she does not work for the company, then no, that income doesn’t count.

The inheritance from her grandfather may or may not impact child support. If the cash was received in 2016, it would affect her income for 2016. If she receives profits from the sale of his house, that will be considered income to her in the year it is received.

A modification of child support amongst other things, is based on the parties current gross incomes. In certain circumstances, a person’s income might be based on an average of the income received over the past 2 or 3 years.

Money contributed to household expenses by her new spouse is not considered income to your ex- wife. It would be different if he were just a roommate, and she was renting a room to him. Income of a new spouse is not considered for child support purposes since the new husband does not have a legal obligation to support your kids.

Paternity Exploitation

Paternity Exploitation

After divorce, my ex was paid for child support for two children she claimed to be mine. I thought no different at the time. A subsequent paternity test done in January 1997 showed my daughter not to be mine. My ex kept this information from me and continued to accept monthly checks for several years after. My putative daughter found out at the same time and was stopped from telling me by her mother. What can I do to get remuneration and added punitive compensation from the ex?

Unfortunately, twenty years have gone by. It is too late to contest paternity. A child born during the marriage is presumed to be a product of the marriage, unless you objected and contested paternity at that time. Any possible defenses you may have had regarding your obligation to pay child support have also expired.

Other Issues: Automobile Insurance

Other Issues: Automobile Insurance

You have two issues. The first is whether or not the Court Orders state how any additional costs are to be split between the two of you. Do your Court Orders include these types of costs?

The second issue pertains to the insurance coverage. Does your son have his own car? If he has his own car, it doesn’t matter who actually obtains the car insurance. The issue will be whether or not you both agree to split the expense.

Will he be driving your or your ex-wife’s vehicles? This is a trickier question, and one you need to address with the insurance company. Since auto insurance follows the car, if he is going to drive any of the cars at either of your two households, you each will probably have to obtain insurance for him. Since he essentially splits his time equally between you and your ex-wife, he will be deemed to be living in each of your households. As such, he would be considered more than a “permissive user” (occasional driver to whom you give permission to drive your car, and who is automatically covered under your auto policy.) Since he lives in each of your households, you will need to add him as a named insured on each of your policies.

Re-married and Child Support

Re-married and Child Support

When my ex remarries should my child support be changed in accordance with there combined income?

No. Your ex-wife’s new husband has no legal obligation to support your children. Thus, his income is not considered.

Child Support

Child Support

My son just found out he has a 14 yr old son when she filed for child support he is paying on back child which is 8000.00 can they put a lien on property if it being paid each month.

If a Judgment for the past due child support has been issued by a Court, any property owned by your son can be liened.