Originally Posted by JL'smom;10023203I
IMO the court is not always fair in determining CS.
In our state, CS is based soley on income.
We pay a lot in CS, we provide over 65% of DSS care.
Overtime is a big factor and my DH is paying CS based on more money than he actually makes because overtime is not a consistent thing but the court looks at a section of time and decides that you will continue to make the same amount of overtime.
I know what CS is for and DSS mom is also responsible for contributing to those things.
The court does not take into consideration that we also provide those things when DSS is in our care.
DH did not want a divorce from DSS mom, but since she did he shouldn't be penalized for starting a new life.
So not only does he need to make enough money to support his first child, he needs to make enough to support a new family, then the ex-wife gets to take him back to court for an increase in CS because he has to make more money to support the new family.
So she is also entitled to a portion of the money he is making to take care of the new family.
I am not resentful of paying CS, but I do think the way our state calculates it can be unfair. Again, I am not relating CS to Christmas gifts, I just wanted to explain how it is in our state.
Purity Lake - Thank you, I think you truly understand where I am coming from.
IMO the first child does get more.
When DSS's mom wanted an increase in CS after we had DD, we got a $50 credit for DD.
I guess the court thinks that's all we need to take care of her each month. I am not atheist, but I like your idea of not buying anyone anything.
I think there will be some big changes around here next year!
I honestly don't have an issue with paying CS.
Of course DSS deserves to be taken care of and he is taken care of well. At the same time, my DD deserves to be taken care of just as well, but our state doesn't see it that way.
I really should have divided my questions into 2 separate posts.
I agree completely with your post.
This state is the same way, regarding temporarily higher wages due to overtime and the assumption that wage will continue, when in fact it doesn't.
There is no such credit for subsequent children at all in Alaska.
The courts pretty much don't care about any children other than the first.
My husband hadn't wanted to leave his first marriage, either.
He was in the military, his wife and he had some trouble, they went to counseling, then only he went because she didn't like the counselor telling her some effort had to come from her, too.
She started having an affair instead and kicked her husband out.
Then she'd come back to him, apologize, and then cheat with the same guy again.
She then filed for divorce and married her boyfriend 30 days after the divorce was finalized. They are still married.
She in no way supports her son because she can't hold a job longer than 2 months before getting fired and completely depends on her current husband to fund her lifestyle, she filed bankruptcy to avoid her financial responsibilities and doesn't do a whole lot of anything.
She is allowed to move on with her life after divorce, and will in no way be penalized due to having divorced.
Whereas, my husband, who also remarried to someone who didn't have other children, who wanted children, he is seen as making his bed and having to lie in it, even though it was her who cheated, it was her who left him, and it is her who doesn't support her own son and never has.