Child Support & My (the Spouse)'s Income

[NDArmyGrrl]

I have a question, and hope you can offer me some suggestions.

My DH has three children besides our's together, He pays Child Support to three different states. I work and he works (but he has a difficult time staying at a job for more than 6 months due to a medical condition). When we got married (I was nieve/dumb) I was debt free so I cleaned out my savings, investments, and retirement accounts, forfitted tax return $ and did some creative barrowing to pay off his debts and Child Support arrears to get and keep him current.

Now 5 years later we are debt free again and except for the 30yr house mortgage we just started, I wonder is there anything I can do legally to save/reduce some of my income. Because I make double his income (I worked 2 jobs through college to get my degree prior to marriage), when they add my income to his they take over 100% of his income to pay CS.

I am going to sound like a _________; but it really hurts that my income is considered as heavily as it is, when they figure out his child support. I was nieve and paid off all his debts thinking it would get us on a better standing but now everyday feels like I am carrying a 75 lb rock over my head. I fear every day that one of the mothers is going to ask for a Child Support review and even though our income has not changed, that I will have to figure out how to squeeze more money from our budget, because of increases in the amount of the CS do to cost of living changes. I work really hard and every time I pay the bills I wish there was a way for him to be able to provide even a little bit to our family.

I was wondering if I need to talk to a special kind of lawyer, financial planner, or tax specialist. We have little/no money set aside for retirement because we used it to clean up the mess. My DH is 20 years from retirement age, but due to his medical condition I realize he may have to stop working sooner and I will be placed in a position where he will not be able to provide any family support, including pay his CS so that will fall on my shoulders 100%.

Is there anything I can do besides just counting the years until the youngest one turns 19?

[jIM_Ohio]

I would contact a lawyer. You might need 3 because support is paid to 3 states. Lawyer for sure.

[tifnglen]

I am sorry you are going through this. I know that is frustrating. Hopefully someone who has went through this will be about to help

[Joan.of.the.Arch]

Bummer all around! Wish I knew some answers for you. Could it possibly help to divorce and add your children's' names to the list of those with court mandated child support? Seems like that would only work if the judges in each state take into consideration husband's income to be divided among all children.

(I'm tempted to give personal advice to your husband, but since he isn't here, I'll refrain.)

[DayByDay]

I don't think cost of living would be a factor since that's not something that just affects one of the parents. Each state has their own formula to calculate the support based on each parent's income, child expenses, and percentage of time the child spends with each parent.

I would just let things be, unless you and your spouse have a reduction in income or find out that a child's mother or stepfather got an increase in income since the last calculation was done, in which case you'd want a review so your support could be lowered.

As a stepmother myself whose income was factored into the support amount, I know how you feel. I was 21 and stepdaughter was 2 when I married, and DH and I had no idea how that stuff worked at the time. But I found out pretty quickly after we married. We got by and stepdaughter is 25 now. Hang in there.

[Cylenchar]

I would first consult the family court in each state/district he pays to. I know several states like Minnesota have a cap on the maximum amount of child support that is requires, you may be able to see about having all the child support payments consolidated and counted under the laws in the state where you live now. But, I am not a lawyer, so this is a guess.

[LivingAlmostLarge]

Consider also that if he is medically disabled and you claim SS disability you'd have a legit reason to decrease child support. Solely because of loss of income. Consult attornies.

[DebbieL]

check out the community forums at Divorce Source: a legal resource for divorce, custody, alimony, and support.

Everything I've ever read there says that the spouse's income should NOT be considered when figuring child support. Your income is irrelevant and has nothing to do with his prior obligations. It should be based on his pay, and his pay alone. If he isn't working full time, or is currently unemployed then they would impute a wage to him that he is capable of earning, but it is not based on your income. I would recommend you consult with a lawyer.