FriendlyShldrs
Bronze
Reged: 05/06/07
Posts: 36
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Just when I think that things are on a good footing with my friend/roommate's stbx, life shows me how fragile that footing is.
I've been staying with my friend now for a year. His stbx hasn't ever really liked me and that was okay for me but it made things hard for him, with her constantly giving him ultimatums coupled with threats of taking him to court for full custody. Things finally settled down a bit at one point last year then got rough in March, when she told him she didn't want her children being left alone with me. When I asked her to talk about it with me, she basically attacked me verbally. It left me upset but not willing to walk away.
In April, he asked me to please take over the finances because he was having a hard time getting the money to last through each paycheck. So I took over, cutting certain things down to the bone and making sure that certain bills were paid on time so there were no late charges. Since then, it's been hard but there have been times when it was possible to have a luxury or two, like ordering pizza.
For most of the last year, she lived on the proceeds from the sale of their house, adding in his child support payments, an amount they agreed to after working with a mediator when they first separated. She also had a live-in who contributed somewhat. She had to move almost a year ago because of water damage. Her current residence is more than she can afford but she has a roommate who pays part of the expense. She also finally got a job, which meant that there is now the expense of daycare for half a day with the youngest child, 2 hours with the oldest. They're both under 10 so it's unwise for them to be alone together at home for 2 hours as yet.
He has told her that it's impossible for him to pay her more money than he already is. Doing his finances, I can tell you it's already hard for him to pay what he pays, and he increased it voluntarily $100 three months ago.
Tonight he came home and told me that he needed an accounting of the money situation, that she believes he can pay her more money monthly. She has it in her head that his bills went up a lot when I moved in, that his paying for those increases means he can pay her more, and that any money I've brought in has been gotten illegally.
My question to all of you is this: Does she have the right to tell him what to do with his money after he's paid her the support they agreed on? Can she force him to pay her more just because she thinks he can afford it?
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divorce1
Platinum

Reged: 04/10/07
Posts: 478
Loc: southern state
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Is the amount they agreed on been put in court papers or still just verbal?
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Jada
Platinum

Reged: 06/02/07
Posts: 3314
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The stbx can ask for a child support modification, especiall if the amount agreed on is less than guidelines. It will be based on his income and her income, depending on the state, not yours.
She has no say in how he spends the money that he has left after paying his child support.
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theanswerguy
Platinum
 
Reged: 04/12/07
Posts: 2179
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his wife can ASK for a modification in CS but one would only be granted IF there has been a change in circumstances according to state CS guidelines .
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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FriendlyShldrs
Bronze
Reged: 05/06/07
Posts: 36
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The original amount agreed upon was based on the guidelines for this state. It was never put in writing because they haven't finished their papers. They went to two or three mediation meetings then stopped. At one of them, the amount he pays was set. Also, she wasn't working back then. She is now and has been since September. I'm not sure if she has insurance for them yet because I'm not sure she's able to get it yet, having only worked there 4 months. He has insurance covering both girls plus her.
I know that he increased the amount he pays her by $100 in November because she told him she needed more. He doesn't want the girls to suffer. But like I said, I keep his books and I know how much is left over each month and it's not enough to give her what she wants.
Her big gripe right now, again, is me. She's gone a complete 360 in the last 10 months, from not wanting the girls to be left alone with me, to bringing them over for an overnight when he was out of state because she had a meeting to go to, to having me bring them home on the two nights a week they're here after school, to now not wanting them around me again. Beats me why her mood goes in circles. But this last bit of b.s. just started two nights ago and I'm just too tired to keep dealing with her.
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theanswerguy
Platinum
 
Reged: 04/12/07
Posts: 2179
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what state do you live in ?
-------------------- Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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MommaMia
Platinum
Reged: 02/17/07
Posts: 376
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So they are still married then?
You are wondering why your boyfriend's wife has a problem with you? That's not hard to figure out.
About the child support, ay what the court says to and do nothing else unless she takes him to court. Tell your boyfriend not to talk with her about this stuff, it is pointless.
If you list the state you live in, his income and hers, how much he pays for the KIDS insurance and how much she spends on daycare, I can give you a guideline estimate of what he SHOULD be paying. Heck, he may even get a reduction.
I suggest your boyfriend divorces his wife before anything else, even pizza.
Good luck.
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froggy
New
Reged: 01/07/08
Posts: 1
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I have a question what if I lost my job can I get my child support reduced?
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stoltz
Platinum

Reged: 01/29/07
Posts: 1489
Loc: Texas
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Perhaps. But not without a court order first. Even when you go to court, you may have to prove to the judge that you cannot find the same work for the same pay. Having said that, the judge may STILL not award a change in support.
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FriendlyShldrs
Bronze
Reged: 05/06/07
Posts: 36
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Her problem with me has nothing to do with him, as I'm definitely not his type, not to mention the fact that part of the reason they're divorcing is he's gay. It has to do with my past and I'm not going into it here. What got me so upset isn't that she has a problem with me. It's that she told both him and I back in July that at one of her meetings she was told how judgmental she was being and that she, with all of her problems, didn't have the right to judge someone else. She told us both that she'd decided my past had nothing to do with how I am today and she wanted to move past it.
The reason she's being hard to deal with now is that she feels he's supporting me and that's keeping him from being able to pay her more money, because she can't meet all her obligations and leave enough for extras. I was able to give him tickets home to his parents over the NYs weekend and gave her and the children each a gift too. She thinks the money I'm using is illegal money, not money I was given from my sister.
She doesn't realize that he's able to do certain things because he goes without other things. For example, we've gotten the children some clothing for when they're here by shopping at Target. She shops at Gap Kids and JC Penny. I buy groceries pretty much when they're on sale and use boxed pasta. She uses the fresh pasta in the refrigerator case at the store. I buy store brand items, she buys name brand. It does make a difference.
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