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needanswers82 · Mar 26, 2011, 01:06 PM

When my husband and his ex-wife got a divorce he let her stay in the house,and gave her 90% of his pay check, until she found a place to live. For the 5 months it took she not once paid a bill pertaining to the house. He gave he $1200 for the deposit on her new apartment and $800 a month in child support. He had to file for a hardship loan so that his house would not get foreclosed on. He also took 100% of the debt, she even signed a quit claims deed to ensure she was not tied to the house. They have 50/50 custody. How much child support should be paid?

JudyKayTee · Mar 26, 2011, 01:30 PM

Nothing that you posted has any bearing on child support. Child support is based on income - and that depends on the State.

What does the divorce say about child support? Is he attempting to amend it?

needanswers82 · Mar 26, 2011, 02:08 PM

That it can be reviewed every 6 months. That should have been Feb 1st. Yes he is trying to get it reduced. He is on unemployment for the winter and she is getting over 50% of his check. They have 3 kids

JudyKayTee · Mar 26, 2011, 02:20 PM

Then the reasons to review the support situation again are overwhelmingly compelling. He needs to file for a reduction based on hardship (or whatever it's called in your State).

Is it an automatic review (which I doubt) or by request?

Fr_Chuck · Mar 26, 2011, 05:57 PM

Yes nothing you listed has a bearing on how much child support should be.

After that it is based on income.

If he was not court ordered to pay all of that to the ex wife he did that in very poor judgement and was taken advantage of, but giving her too much then, does not change a single penny now for support

needanswers82 · Mar 27, 2011, 05:48 AM

It has to be done upon request and it has taken four months.

JudyKayTee · Mar 27, 2011, 06:59 AM

Honestly, this kind of time frame makes me sick to my stomach - and I work in the legal system. Times are rough (as we all know) and sometimes I don't know where the justice is.

Unfortunately anything your husband gave his "ex" over and above support is going not going to be taken into consideration. The Court will consider these monies to be "gifts."

Make sure you have documentation concerning income and debts (if they are considered in your State) so that you are well prepared for Court.

Feel free to post any questions but please come back and let us know how this works out.

(I think this is one of those situations where the nice guys lose.)

cdad · Mar 27, 2011, 07:41 AM

Originally Posted by JudyKayTee

Honestly, this kind of time frame makes me sick to my stomach - and I work in the legal system. Times are rough (as we all know) and sometimes I don't know where the justice is.

Unfortunately anything your husband gave his "ex" over and above support is going not going to be taken into consideration. The Court will consider these monies to be "gifts."

Make sure you have documentation concerning income and debts (if they are considered in your State) so that you are well prepared for Court.

Feel free to post any questions but please come back and let us know how this works out.

(I think this is one of those situations where the nice guys lose.)

Another thing not being addressed but should be is that if the OP is falling into arrears because of the unemployment then they also need to make sure if a reduction takes place it is retroactive to the filing date otherwise they could lose a lot more.