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"My lawyer hasn't told me how much cs I can afford."

post #1 of 8
Thread Starter 


I'm going to look at apartments this week, so last night I tried to get stbx to talk concretely about visitation and cs. As some will recall from other posts, he just got the numbers back from a house refi, and he wants to only give me half the money I should be receiving from that.

I made it clear to him months ago that even with the amount of cs suggested by the state child support calculator, the dc and I will be living in a small apartment in an undesireable neighborhood, and just scraping by. He didn't care.

Last night he said he had not even looked at the cs calculator! He asked me how much it calculated, and when I told him the number, he said he didn't know if he could pay that, nevermind the cost of activities, childcare, etc., on top. I said, how can you not know what you "can afford," when you've had months to figure it out? He said his lawyer hadn't gotten back to him about what he can afford.

I said it didn't sound like his lawyer was giving him very good advice, and hadn't he added up the numbers himself? Come on, it's simple math, not rocket science! He said no, he hadn't!

I told him the cs calculator was what a judge would use to decide how much he should pay, and that there's no "What I can afford" when you're talking about putting food on your kids' plates.

Aaargh. I need to cool down and stop ranting.
post #2 of 8
Quote:
Originally Posted by darien View Post


I'm going to look at apartments this week, so last night I tried to get stbx to talk concretely about visitation and cs. As some will recall from other posts, he just got the numbers back from a house refi, and he wants to only give me half the money I should be receiving from that.

I made it clear to him months ago that even with the amount of cs suggested by the state child support calculator, the dc and I will be living in a small apartment in an undesireable neighborhood, and just scraping by. He didn't care.

Last night he said he had not even looked at the cs calculator! He asked me how much it calculated, and when I told him the number, he said he didn't know if he could pay that, nevermind the cost of activities, childcare, etc., on top. I said, how can you not know what you "can afford," when you've had months to figure it out? He said his lawyer hadn't gotten back to him about what he can afford.

I said it didn't sound like his lawyer was giving him very good advice, and hadn't he added up the numbers himself? Come on, it's simple math, not rocket science! He said no, he hadn't!

I told him the cs calculator was what a judge would use to decide how much he should pay, and that there's no "What I can afford" when you're talking about putting food on your kids' plates.

Aaargh. I need to cool down and stop ranting.
Your ex sounds like mine........'I can't afford to pay CS after paying for my motorcycle and bike insurance' Never mind that he has a car totally paid for.
post #3 of 8
Let his lawyer educate him about CS and how it works. It's not your job and he won't take it well coming from you.
post #4 of 8
What a UAV

Fortunately, it's not up to him to decide "what he can afford" If it comes down to it, the state can garnish his wages.

I'm sorry he's being this way
post #5 of 8
If your name is on the mortgage, and it's in your best interest, you don't have to agree to it. In this market, you might well be better off with the re-fi. Ask an attorney. If he's keeping the house, he has to buy out your half. Again, consult an attorney, it's money well spent. If he does re-fi MAKE SURE your name is off the loan. NOT just the deed, the morgtage.

Child Support is a whole 'nother ball of wax. It's based on (depending on your state) either his or both of your earning potential. The courts don't care what his bills are. The kids come first. Please be sure to include future expenses when negotating CS. Don't forget things like car insurance, prom, etc. Feel free to message me if you like.

I'm so sorry you are going throught this and again, message me if you like.
post #6 of 8
Quote:
Originally Posted by darien View Post

he said he didn't know if he could pay that, nevermind the cost of activities, childcare, etc., on top. I said, how can you not know what you "can afford," when you've had months to figure it out? He said his lawyer hadn't gotten back to him about what he can afford.

your ex is going to love when he is ordered to pay child support PLUS additional expenses by the court. his expenses be damned. I dont get how non-custodials figure it matters what there expenses are we still have to feed and clothe the children no matter what our expenses are the children come first.
post #7 of 8
Don't discuss child support with him. Get a court order (he's going to pay the state guidelines whether he likes it or not) and have the collection go through the state. This way, you only have to deal with him about parenting time.

Child support isn't as negotiable as some people would like to think or lead others to believe.

Also, don't move out of the family home without a custody order in place. If you do, he can petition the court to have your child move back into the family home.
post #8 of 8
that stinks. doesn't that just make you want to rip out your hair? outta sight, outta mind apparently.
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