Child Support What to do?

[mommiewood]

I divorced back in 2005...At the time of the settlement we agreed that for 2 year my ex husband would pay alimony and child support.Alimony through wage execution and the child support would go directly to the daycare because at the time I had the Alimony money coming to me which help with the bills.

When my children would be out of daycare for a week on vacation. The school would only charge my exhusband half of the tuition and I would ask him for the difference and he has refuse to pay. claiming he doesn't have too. When the children are out of school there is no charge for the days that the school is close or they are out sick and again my exhusband continues to pocket that money because he paid the child crae directly to the center.

After two year and when the alimony stop we were supposed to recalculate child support.My hope was to get my exhusband to pay me directly the child support instead of having him pay daycare directly in addition I was to pay half of my daughter private school and after school program.We were to look at both incomes and determined how much child support would be. This was to be done March 2007. I provided my husbands attorney with a copy of my w2 forms and they in return went and drafted a consent order for me to sign which ask me to agree that the child support would include childcare and my daughters private school and after school program all which is to be paid directly to the school and center.

I refused to agree to such a thing and this is why..When we did the nj child support calculation form. The child support ended up being 100.00 more than we were getting.. Here are the numbers this would include childcare and my daughters private school and after school program which by the way is actually less than when she went to daycare. How can this be

I was receiving 1780.00 alimony monthly back in 2005 and 2006
and 315.00 weekly for child support.

Now I would be getting 415.00 weekly with no alimony...My ex husband wanted child care to be included in the calculation as well as my daughter private school.

I have been told that daycare and private school should not be included in the child support calculation is that true.

My exhusband makes 120,000 yearly he owns two homes and two cars. He also has a side business which he can work endless hours after he's regular job because he does not have kids to come home too.

I have my children 70%..which I am very grateful for ...I make 38,000 a year and can hardly pay my mortgage and bills.

How is it that the entire sum of child support goes to school and daycare...

And by the way...Since today my husband and his attorney have not recalculated what my child support should be. So my children and are not getting the correct amount entitle to them. He claims that he is not breaking any laws because he pays child day care, he pays my daughter school and afterschool program. Can he just pay what he wants and call it a day

I went to court to file on my own because I can not afford an attorney but the paperwork that they request is so confusing and detailed I am at a lost. I feel like I can not fight for my kids with all the paperwork they are asking for. I had an attorney before that handled all of this but I honestly can not afford one and I know my exhusband is getting away with murder like always.

Can you give some advise on what I should ask of a court clerk when I go there to file on my own. Can they help me fill out the paperwork.

 

[Duranie]

The problem is, your husband is self employed and you need to be able to proive his income. You are also required to work and support the kids. He might have side jobs and businesses but again, you have to prove his income and being self employed makes it very hard. CS does not go off of his assets.

Private school is only to be paid if its in the order, along with daycare.

You can see an attorney and ask them about billing your ex husband for legal fees. I doubt the law clerk will be of much assistance but it sounds like you need to appeal it.

Hoenstly, if you cannot afford the private school, you might have to look into enrolling the child into public or charter school. 415.00 a week is alot on CS and you should be able to raise 2 kids on that if you have to forfeit paying for private school.

Sorry I could not be of more help.

 

[mommiewood]

No....I appreciate the help...The reason my daughter goes to private school is because we both agreed to have her in private school. I agreed to pay half. I also agreed to pay for half of daycare and afterschool.

Therefore I believe it should be a shared expense. Outside of the child support.

My husband take home pay recorded by his last w2 form was 120,000. what he makes outside of that in his private company I do not know except for what his accountant put on paper and the accountant is on the payroll.

I just want to know if I have a strong case.

I would like him to pay child support via wage excecution. I will then pay my half of the daycare and school as I am suppose too and he should pay half of daycare and private school. That is all I ask...

I also want to know if I can present what happens to the three years of pocketing the child support payments when the school did not charge him full tuition. Is child support suppose to stop if a parent goes on vacation with the children. There is nothing in our divorce decree that says that. Would i get that money back

Right now he pays all registrations all the daycare and school so that he can say that he is fulfilling his responsibility.

However if we do the numbers and he pays child support and half of the daycare and school. He is not even close to what he is suppose to pay. Last year he paid 16,000 in daycare alone. This year we only have one child in a 8,000 a year daycare and my daughter goes to a 2,350 a year school. I purchase all uniforms on my own and I pay 16.25 a week for lunch. He is so desperate to continue to add what he calls his contribution that he signed up my daughter to get a pretzel everyday for snack at a 1.50 a day so that he could calculate this cost into his child support payments. ((By the way I just send him a Box of 75 pretzels that were just leaked by my daughter because she does not eat them)))...even with the pretzel it doesn't amount to 4,000 a year..additional.

I just want to know if I have a good case

 

[Duranie]

How old are the kids?

I am not an attorney so I really cannot judge if you have a good case. Have you ran this by an attorney? I assume that one child is in daycare full time and not in school?

It seems to me if the child was in private school prior to the divorce and he agreed to pay half, then you should be able to get this added on as extra, given his income.

 

[mommiewood]

I understand....We got divorce when my children were 3 and 2..Now they are 4 and 5.....

I was a stay home Mom and in order for me to work after the divorce I needed child care...as I was the child care provider.

We are both catholics and have always wanted our daughter in Catholic school however if I have to sacrifice and put her in a public school in order to survive then so be it.....I did not go to a private catholic school and I turn out okay...It is my ex husband wishes for her to attend. Not mine if its not in the budget and the courts won't agree that is necessary. Then I have to do what I have to do.

You still have not answer me regarding the child support money he pocketed. Could you tell me if I could present this in court.

I haven't spoken to an attorney as my last one left me 11,000 in the hole. Yes that was the final bill. I am a bit gun shy and scare to get into debt. I have no money to pay an attorney.

My ex husband has one of the best attorneys in the area at 325.00 hour in the payroll like the accountant. ((lucky me))

How can I go against that...If I don't have a strong case and that is why I am here wondering if I do

 

[Duranie]

About him pocketing him the child support, all you can do is ask. Since there was no daycare due those months and the CS was to pay daycare. he may not be obligated to pay you back. You can at least ask.

 

[mommiewood]

But wether he is suppose to pay it to me or to a center isn't it ultimately child support? and if he is not being charged for daycare and the money is to go to the children wouldn't he have to pay the children and not pocketed it.

 

[irish223]

I'm not a lawyer either, but these links might help you. New Jersey's child support guidelines are available online here:

http://www.judiciary.state.nj.us/csguide/index.htm

For a summary of the guidelines, try this (however, there is no date attached and it is not a government-affiliated site):

http://www.aaml.org/files/public/Gruber_-_Child_Support_In_NJ.htm

According to the summary, the non-custodial parent's share of child care and private school tuition are added to the basic support obligation. Did the court order state that he would pay child support directly to the provider, or was that just what you two informally agreed? Also, it sounds as though he would be responsible for more than half of the daycare and tuition (not sure though) since he makes so much more.

IF he was actually paying the daycare in addition to the child support, then he probably was entitled to the refunds (or his share of them). Is it possible that the alimony included his share of daycare and tuition?

Other factors that may affect the amount of child support are his costs to provide medical insurance for the children, and whether he has remarried and had another child.

It does seem that your husband and his lawyer are trying to pull a fast one. The daycare and tuition should not be included in the basic child support amount. Also, if he chooses to provide extra money for a snack at school, he cannot deduct that from your child support.

So, you are correct... He should pay $415/week directly to you. He then owes his share of the daycare and tuition, either to you or to the daycare and school. Whether or not he owes you for the daycare refunds probably depends on how the original order for support and alimony was worded.

Good Luck.

 

[mommiewood]

Thank you that helps...I keep asking him to please recalculate the child support or take me to court but he refuses to do either or. I work full time I have no savings like most divorce Moms in my situation. Everyday I am in court is 1 day less in my pay check. I can't afford an attorney and if I could it sure would not be a 325.00 hour one...I feel like I am stuck and I can't fight for my kids. I know he is not paying what he should..