volley
New
Reged: 02/25/08
Posts: 2
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I understand in CS issues, the NCP/CP and not usually spouses' incomes are considered. My husband's son lives w/us fulltime and attends college. Mom doesn't pay anything but agreed not to pursue CS increase last summer "in order to do her share". Husband's 16yr old daughter lives w/mom who just moved in w/wealthy boyfriend. She no longer has housing or utilies but wants more CS in '09 in addition to possible college $ from us for her daughter who'll attend in 2010. Ex has her own income but stepdaughter will most likely get financial aid since her mom's not married to her wealthy boyfriend. Also, stepson got fullride sports scholarship for next year and will only need help with spending $ from us which is great but could count against "help" his dad's provided when evaluated in '09.
Order was till age 18 but husband's ex talked him into extending it 2more years vs increasing CS last summer. Now, looks like we're in this for college too. The kicker, my son starts college in '09 right when all this is going on. I have my own CO w/his dad and hope to keep our situation out of court if at all possible.
So whose income could be considered in all this? Thanks!
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Sarah1014
Platinum
Reged: 04/12/07
Posts: 2268
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I'm bumping this post because I am interested in the answer as well.
I've heard that it's the household income/assets. I hope I'm wrong.
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infinity386
Gold
Reged: 02/24/08
Posts: 124
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complicated......
What I've noticed in court is that it really does not matter who is right or wrong. What matters most is who is a better swindler. Who's lawyer is the best shyster. With that said your situation is so complicated that it really will not help either you or the X. It will only be a means of wasting time and money. The money that you could potentially waste will far exceed the benefits from going to court.
Try to work out an agreement and let sleeping dogs lay.
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KGrow
Platinum
Reged: 01/27/06
Posts: 3153
Loc: Colorado
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I think your simplest way through this is to renege on the offer to pay CS through college and pay support for the 16 y.o. for the next two years.
If you agree to support through college, you set a precedent and end up paying for both. Also support amount and duration will be more difficult to negotiate because support during college is outside the realm of child support in most states.
You are right, only the parents' income should be taken into consideration when figuring child support amount.
I'm advocating he work to minimize his child support obligation. I'm not advocating that he not support his children through college. He always has the option to contribute directly to their education and he should if at all possible.
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volley
New
Reged: 02/25/08
Posts: 2
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We talked to an atty and got more info on this:
Child support is calculated only on the bio parent(s)' income but determining college expenses can and usually does include spouses and sometimes even non-spouses if they are proven to be supplying 1/2 or more of the minor's living expenses - such as our case. I didn't know this and was pleased to find he'd supeona the boyfriend's payroll & bank records of the exwife to show she doesn't pay household expenses for stepdaugther but the boyfriend does AND makes more than we do - thus ruining the ex's ideas of my husband paying more than 1/3 of the college cost for his kids.
The atty said child support will stop when stepdaughter graduates high school and then we'll just be coming to a decision on college expenses for both stepkids. Interestingly, all aspects of the court order (insurance, medical expenses, etc) will be cancelled along with child support unless we choose to use them as negotiations with college. That was good news too.
This atty disagrees with IL law forcing divorced parents to pay for their child's college so he fights for less than the state mandated 1/3 for each parent & child & feels things like both parents involved in decisions, minimum GPA, etc should be included as well. He thinks in our case, we should continue to pay for his son's college (lives w/us and we have so far w/o help from the ex) and his ex shall pay for daughter's college since she lives w/her and call it even. Oh and only until stepkids drop out of college or get an undergraduate degree. None of this paying till they get their doctorate degrees either.
We'll see what happens.
Thanks.
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