Ex-wife threatening increase in CS

[stressed_out]

I'm located in KY. My husband's ex-wife has primary joint custody of their daughter. His daughter did come and live with us for 3 years, during middle school years. Her mother agreed to her coming and signed papers for her to move. She also changed the amount of the child support to a flat $100 per month. My husband agreed to it, even though it was way less than what he had paid 12 years, he just wanted his daughter and that's all that mattered. Then all of a sudden for her high school year's, my step-daughter had her mother to call my husband on Father's Day of all days, and say she wanted to move back with her and go to high school there. This came as a total shock, she hadn't indicated she wasn't happy or wanted to move back, which was very strange. Anyway, we told her if she moved that she would have to stay with her decision all through her high school years, until she was 18 years old. So her mother had the papers drawn up, and kept child support the same. (The Petitioner and Joint Petitioner both acknowledge and agree that the Joint Petitioner shall pay to the Petitioner the sum of $100 per month. The Joint Petitioner shall pay said child support payments every (4) weeks beginning on August 1, 2008. Both parties further acknowledge and agree that said sum is a deviation from the child support guidelines and agree that this sum shall never be modified until the minor child reaches (18) years of age and/or graduates high school at which time the child support shall terminate. So she is saying that the child support was due Aug. 1, and then (4) weeks later on Aug. 29, at that rate she's going to get (13) $100 payments, when we only received 12 monthly payments of $100 from her those 3 years. She sent a letter to us threatening us because we are paying in the middle of the month as she did those 3 years, and she's calling us late. It did not say that it was due on Aug. 1. It just said beginning on Aug. 1, We made a CS payment on Aug. 17, and Sept. 12, and she's saying that we are behind. She's expecting payments on 8/1, 8/29, 9/26, 10/24, 11/21, 12/19. Which would give her an extra payment in August. She said in the letter that she's contacted the county attorney in this matter and if we do not pay for what we "supposedly owe" that she's going to let them take care of it and it will be paid every two weeks according to his W2's for the past 2 years. How can she do that? We've paid for Aug., and Sept., here it is the 5th of Oct., and you would think we were 10 years behind or something the way she is acting. When her daughter lived with us, we took her to the doctor and got her medication, when we told them about the medication bill being $60, they argued, and wanted receipts and only sent us $20 instead of $30. So from then on instead of the fussing and hassle we would just pay for it and not even ask them for a penny. It's like she's using his daughter for leverage to get money, she doesn't have to pay us anymore and she's trying to get more than the $100 we all agreed to years ago when his daughter moved here, that it would never change. Please help us with some advice on what to do. We have no idea what to do now. It seems it's always something. My husband is self-employed and we have a child of our own and I'm a stay at home mom. We need some helpful advice on what we should do. Is there a chance that we could get custody back of his daughter. There was so much less hassle when she lived with us. I know for a fact they aren't getting his daughter her medication she needs daily for her asthma. We've even had the doctor to tell her mother that she needs this medication.

 

[WhirledPeas]

I don't think an order for child support "can never be modified", even if both parents agree at the time. Typically, once a significant change in circumstances occurs or a certain amount of time has passed (varies by state), support can be revisited by either parent.

If I read right, you're saying that you're refusing to give her $100 and you're willing to risk her returning to court to get what a judge would order to prove your point that she's cheating you out of $100 per year? Unless dad is indigent and mom is a high earner, whatever the court would order for support will be far higher than $100.

Were it me, I'd overnight a check for $100 today and count my lucky stars that that's all she wants. Were I her, or the daughter, I'd want the issue returned to court as soon as possible. Just because you accepted a much smaller support amount than you had a right to, doesn't mean that paying so little is in the girl's best interest.

 

[Duranie]

If your husband is paying child support that is WAY under guidelines, he is lucky. Mom does not have to agree to that and she can always go to court to get it increased. 100.00 per month hardly covers anything. It is your choice to be a stay at home mom and you might have to go out and get a job if CS is raised. He already had a kid to support with someone else and you knew that. 100.00 a month is ridiculously low and personally neither one of you should have agrred to accept that amount or pay that amount. Mom is essentially providing 90% of the childs support here. Dad doesn't get to shaft his first child because he gets remarried and has another kid with someono who wants to be a stay at home mom.

Br thankful his Cs is only 100.00 and mom is well within her rights to take Dad back to court anytime for an increase and she'll get it.

 

[Grunt]

I would have to agree. I pay 400 a month plus insurance and i only make 27, 000 a year.

 

[KaylaMarie1]

My husband is paying 360 a month for child support and another 200 for insurance and he makes like 25,000 year....I would be thankful that 100 is all that she wants. My husband ex girlfriend is pretty much textbook welfare case...she doesnt want to get a job, and when she does she keeps it for like a month...shes pretty much worthless and shes been accused and founded of child abuse more than once....feel lucky

 

[nl315]

shes pretty much worthless and shes been accused and founded of child abuse more than once....feel lucky

You and your husband sound like very selfish individuals who are only concerned about the $360 CS order, instead of your stepchilds well being since you say how much of a worthless mother the child lives with yet you never mention anything about being concerned for the childs safety.I would be happy if his cs order was raised so maybe the child would have more income to live off since his father and stepmother dont seem to care if he survives his childhood.