Soon to be Ex... threats...

[Omnicef]

I have a few questions, so let me start with a little background info...
Wife and I are going to be getting a divorce, I have left the home. I have continued to pay the rent and provide her some money every paycheck which is every two weeks. Total amount per month right now that is going to her, either directly or indirectly (indirect is the rent payment to the landlord) is $2400 a month. My income right now is $70,000 a year. There are 3 children from the marriage, no other children on either side. She wants $2800 a month because she spoke to a lawyer and he calculated $771 in Spousal Support and about $2,000 for Child Support. My take home pay is approx. $4600 a month. I pay about $430 a month for health insurance for all children and STBX which is deducted from check. Our first child was born and I was not involved in her life until just before she turned two. We got back together and we have been married for 6 1/2 years. I did not pay any CS during those first two years. In addition to wanting $2800 a month she thinks she will be able to get back child support from the first 2 years. I started taking care of the child financially as soon as paternity had been established. My 2 questions are as follows... Is $2400 a fair amount? I am of the opinion $2800 is too much. The second question is, it even possible for her to get back child support after I supported her and my child and 2 additional children we had together for almost 7 years?

 

[Duranie]

Stop listening to her attorney. You need to hire you own. How long were you married for? Alimony and CS depends on both incomes.

If you give her money, be sure to note that it is for child support, so that she cannot go back and claim you didn't pay her.

I would not listen to her demands, but you need to see an attorney who will look out for you. Her attorney is only looking out for her. 2400.00 seems high to me. Personally I would be paying her CS only, and not anything else unless the courts tell me too.

 

[Omnicef]

Thank You for your feedback. We have been married 6 1/2 years. She has no income and my salary right now is $70,000.

 

[Scooterdog]

YOu can google for a child support calculator, or just look up your states laws and follow the statutory scheme to figuer what you owe. They can go as high as 50% or your GROSS income. But, your figure would be much lower than fifty percent.

If there was no order, she cannot go back and ask for money. Well, she can, but you should be able to over come that.

You have here at a disadvantage with her having that lawyer. She only has so much money. If you defend yourself, you can break her long before an order is entered.

 

[flutterbye71105]

sounds familiar

I can empathize. I would recommend finding an attorney and going to court. Do you have joint custody of the children? How old are they? Also is your ex not working because when you were married she didn't have to or is she disabled in some way. In many states even if a woman didn't have to work when she was married doesn't mean that the husband has to continue to provide all of her income. Most courts require that the person recieving child support or alimony do what they can to mitigate their expenses and provide for themselves. Your child support is only supposed to suppliment their income not replace it. I would deal with custody first, you are entitled to see your children and have them live with you just as much as she is. Then once a custody order is entered then I would go to court for child support based on how much time the spend with you. Just be careful because many states are very gender biased and think that all men are deadbeat fathers therefore they charge them the max child support even when they are an active part of their children's lives. Good Luck!

 

[lwpat]

You need to consult an attorney immediately. If your state is an at fault state she can get you for abandonment. It will be better if the two of you can come to an agreement rather than spend a lot of time and money in court but you need to let your attorney do the negotiating. He will know what the judge will approve.