lrk1
Silver
Reged: 10/17/07
Posts: 88
|
|
It has come time to file support from my STBX but we are still living together. Up until now we have deposited the same amount of money into our joint checking account to pay the household bills, however I still have to pay all medial expenses/my lawyer fees/my daughters expenses and he had 25,000.00 left over this year after his taxes, his business expenses and what he puts into the joint account. He also missed 2 payments within the last 2 months. What I need to know is how is support figured out when the 2 poeple are still living together and 1 child is involved? Since we are still living together will it be for CS or for CS and SS? I do have a lawyer it's just that I don't have an appointment until next week.
Edited by lrk1 (05/31/08 09:58 PM)
|
taryn
Platinum
Reged: 05/31/07
Posts: 2125
Loc: Hell...but im coming back up, ...
|
|
cs adn ss both depend on incomes.
yours and his.
did you type in your incomes on the cs calucalator (google it for your state...well or answerguy will have the expact place!)
ss during the divorce is sometimes not direct monetary,
but maybe he'll pay 100% of certain supportive bills.
watch out.
if he has his own business and income is 'flexible'
his attorney may advise him to move the income to other avenues or advise him to 'slow down' the business
so he will have less ss or cs to pay.
--------------------
taryn.
|
theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
|
|
If you're still living together it's more likely a " status quo " order will be issued requiring each party to pay the bills they've historically paid .
--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov
|
lrk1
Silver
Reged: 10/17/07
Posts: 88
|
|
I did the calculator and the support would come out to about what I am getting now, however right now I am paying our Credit Card bills, his car insurance, his medical insurance, and all my daughters expenses. Except for most of my duaghters expenses wouldn't he be required to pay for half the Credit card bills and his insurances? That would give me about 500.00 more a month for my lawyer fees.
|
Jada
Platinum
Reged: 06/02/07
Posts: 3234
|
|
Any credit card bills or bills that are in his name, stop paying. Are you and your child on the medical insurance? If so, you will need to contribute a portion to it. Let him know that he is now responsible for any bills that are in his name. Also, present him with the bills for your child's school/medical expenses and let him know that you expect him to pay at least half of it (doesn't mean that he will). You are responsible for your legal fees unless a judge orders him to pay those.
|
lrk1
Silver
Reged: 10/17/07
Posts: 88
|
|
I have me, my daughter, and my STBX on the insurance through my work. Since he is self employeed I am saving him alot on health insurance by keeping him on my policy - but hopefully I can get him off. We have 1 credit card that is in my name and 1 that is in both of our names. I guess what I am saying is that temporary support is given so each party can have an even playing field while the divorce is pending, however this is not an even playing field. All the household bills are in his name except the mortgage and car insurance which are in both of our names.
My biggest grip is every month he circles my lawyer expenses on our statements. When I told my lawyer he did not pay me the other week, he told his lawyer. The response from him to his lawyer was - I still intend on paying however I will be lowering the amount because our mortage went down $75.00. Well everything else keeps going up. Isn't it up to the courts how much he has to pay? I mean I do have to pay my lawyer.
Edited by lrk1 (06/01/08 04:47 PM)
|
Jada
Platinum
Reged: 06/02/07
Posts: 3234
|
|
You are not going to be able to take him off of your insurance until the divorce is final. This protects you as well.
Legally, he can be on your insurance. What happens if he needs major medical care? The two of you are still married. The hospital will come after you. And your stbx would have a claim to have you pay the portion that the insurance would have covered if you take him off before the divorce is final.
I would put a freeze on the credit card that has both of your names on it. This way neither one of you can increase the balance.
It does sound like you need a court order spelling out who pays what.
|
lrk1
Silver
Reged: 10/17/07
Posts: 88
|
|
Thanks for all your help. Hopefully I will get things cleared up next week when I go see my lawyer.
|
gigi
Platinum
Reged: 11/06/06
Posts: 4836
|
|
Temporary support and other orders are usually entered to help peopl efigure all this stuff out. YOu want to have everything part of it. LIke when are you or he going to move out, are you going to sell the house, who will pay for it until that happens, who will pay the electric, gas, cable, credit cards, car, insurances. Where will the kids live once you're no longer in the same house, and what will the visitation times be. Ask about it all at once and not one item at a time.
When you're still living togetehr and the basics are still being paid but one or two things are not part of the unspoken agreement that you'd been living under, those one or two things become a big issue this month, and you work it out with the lawyers and resolve THAT few hundred $$$ worth of ongoing bills and then NEXT month a totally DIFFERENT issue arises and then you spend another several thousand $$ working out the emergency over a few hundred $$ NEXT month. Better to spend your attorney's time getting it ALL figured out for the temporary orders at the same time and then figure out hwo to make it work while the lawyers work on figuring out the final solutions so that you spend less money all around fighting on these temporary items.
Make a list of everythign that gets paid and everything that he earns and every thing that you earn and how each item gets paid. AND who owes it... like should you REALLY have to be paying his car payment or insurance off the spousal maintenance that he pays to you! Come up with some ideas for what else you want to have happen there, and take the whole shebang into the lawyer's office to see if you can get it all worked out at once so that you'll not spend the next few months while the divorce is pending, running in with a new little problem every otehr day.
|
lrk1
Silver
Reged: 10/17/07
Posts: 88
|
|
Him and I contribute the same amount each month but whenever ther are extra expenses he expects me to pay for it out of our budge-the vet bills, doctor bills,and he even was pissed (the way he circled our bank statement) that I had to get my car repaired, however he pocketed 25,000.00 last year more than me. So why is he not paying more than me since he is the larger earner. We have 2 older boys living here and they pay rent to him and he also pockets that. He just screwed himself is the way I look at it.
I do have another question, since he is self-employeed are all his business expenses taken off his gross, or just the ones that are essential to run his business?
Edited by lrk1 (06/02/08 07:02 PM)
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
