Can a Child Support Modification Be Challenged

Money is fungible. The fact that a parent receives child support is not a requirement that the parent adapt a lifestyle of penury. The fact that a parent takes a holiday without taking the child along is in no way an indication that the parent is not supporting the child. Believe it or not, it's also not unreasonable for an adult with a child to own an iPad or to buy clothing for herself.

OMG Please. You are being ridiculous and Im not going to debate you on who and who does not abuse the child support system because we both know it happens. I came here for some advice from any one who has been in my situation. Apparently you have not or maybe because you sound extremely bitter. So unless you have some actual help here please stop responding with your nonsense.

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Quoting Rbratt

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This money is for the child NOT helping the mother pay for her OWN bills that have nothing to do with the child.

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Says who? Please provide the statute that supports your statement. LEGAL STATUTE IN NEW YORK. That means post me the law that says she can't use the money to pay her own bills. You won't find it, but since you're so adamant that that's what you're supposed to do with it, prove it. Please and thank you. I'll wait.

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My husband pays his share of support PLUS more.

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Excellent. So does mine. He overpays his support by almost 10k/yr. That was his decision to do. He doesn't get kudos for it, neither does your husband. That's a choice he made. Shoot, and my stepchild has parents who combines make a quarter of a million dollars a year. Neither one of them is hurting for money.

You make me laugh. Again this thread was suppose to be responded by people who actually want to give good advice. Not all this negativity. I don't care how much your stepchilds parents make. I don't care that your husband overpays his support......glad he can afford to do it. Also it might not state in detail what is suppose to be paid from support or not but morally it should be for the well being of the child and if you are saying when the child goes off to college and isn't living home anymore and the money we send to the ex for the child doesn't get to the child is ok.......well then youre wrong. We can agree to disagree on child support and how in SOME cases it is not fair. Yes there are some cases contrary to what you might believe. In OUR situation the ex makes just as much as the Father. My whole start of this thread was just to see if anyone else has been in my situation where there is a modification in support then it goes back to what it was. I never said my husband wasn't going to pay. There are a lot of bitter, angry people here. Thought this forum was for help and advice not bashing. I will look for a different forum and listen to my lawyers advice.

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Quoting Rbratt

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O I meant that sentence. I have an issue with women/men who use the child support on themselves and not for their child. It happens A LOT. I know people who have done it. I know people who have gone out and bought a new Ipad, clothes for themselves, vacations for themselves without the child going. Sorry I didn't specify that in my case I was referring to when the daughter goes to college and the mother not helping her with the child support money we send the mother for her. If the daughter needs money for anything while in college we feel the mother should be sending her the money she gets for child support since she isn't living with her anymore.

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I've done it. I have an entire designer handbag and shoe collection that I pay for out of the child support money. That's because my paycheck supports the household and child support is a reimbursement.

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Quoting Rbratt

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You make me laugh. Again this thread was suppose to be responded by people who actually want to give good advice. Not all this negativity. I don't care how much your stepchilds parents make. I don't care that your husband overpays his support......glad he can afford to do it. Also it might not state in detail what is suppose to be paid from support or not but morally it should be for the well being of the child and if you are saying when the child goes off to college and isn't living home anymore and the money we send to the ex for the child doesn't get to the child is ok.......well then youre wrong. We can agree to disagree on child support and how in SOME cases it is not fair. Yes there are some cases contrary to what you might believe. In OUR situation the ex makes just as much as the Father. My whole start of this thread was just to see if anyone else has been in my situation where there is a modification in support then it goes back to what it was. I never said my husband wasn't going to pay. There are a lot of bitter, angry people here. Thought this forum was for help and advice not bashing. I will look for a different forum and listen to my lawyers advice.

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Actually, it's not YOUR lawyer because you're not a party to the case, that would be your HUSBAND'S attorney that deals with your husband's case, your husband's ex and your husband's daughter. I'd invite you to prove me wrong in any of my assertions any time you can provide STATUTE to prove it. It doesn't appear that you can do so... so you want to throw a fit. Got it.

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In OUR situation the ex makes just as much as the Father.

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But here's what's funny. In OUR situation, the ex makes more than my husband. They both happen to be very educated individuals.

But bye bye! Sorry we couldn't tell you what you wanted to hear. Also, if you were looking for a support group as opposed to correct legal advice, you have to go a few miles down the information super highway. Looking for people who have been in your situation is called therapy.

Again making me laugh....wow you are one angry bitch. Correct legal advice? Havent read any of that here. Women like you are the reason why the child support system hurts the good Fathers out there. You say that support goes for the household......well since we get the child half the time we don't get support for our household. We also have to provide a roof, food, utilities, etc for when we have her. Maybe you should've taken that support and bought yourself some therapy... would of helped you out more than your designer handbags and shoes.

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Quoting Rbratt

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OMG Please. You are being ridiculous and Im not going to debate you on who and who does not abuse the child support system because we both know it happens. I came here for some advice from any one who has been in my situation. Apparently you have not or maybe because you sound extremely bitter. So unless you have some actual help here please stop responding with your nonsense.

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Considering you're a legal stranger with NO LEGAL STANDING HERE AT ALL, it would behoove you to knock it off.

Now.

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Quoting Rbratt

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Again making me laugh....wow you are one angry bitch. Correct legal advice? Havent read any of that here. Women like you are the reason why the child support system hurts the good Fathers out there. You say that support goes for the household......well since we get the child half the time we don't get support for our household. We also have to provide a roof, food, utilities, etc for when we have her. Maybe you should've taken that support and bought yourself some therapy... would of helped you out more than your designer handbags and shoes.

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Tit for tat: And you're the type of woman who can't stand the fact that Mom is carrying a Coach purse while you have to buy a knock-off at Walmart.
And it's even worse because you just can't let go of your pettiness.

Why you refuse to contemplate the truth - that being, Mom gets to spend it on what she wants - I do not know. You don't want the stress? Great - leave your husband and make sure the next one (and oh, there will be a next one) doesn't come with baggage.

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Quoting Rbratt

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Huh? I don't have a problem with him paying support. I never said he was going to stop without going to court first. I have an issue with women who use that money for themselves. This money is for the child NOT helping the mother pay for her OWN bills that have nothing to do with the child. My husband pays his share of support PLUS more. I was just asking if anyone has been in the position we will be where the custodial parent moves to another state the same time the child (not a child anymore) is going off to college and not living with either parent. The lawyer told us since she will be 18 she can choose to where her primary address will be when she comes home on breaks. If she chooses the mothers new address in FL then child support continues till she is 21. If she chooses her Dads address in NY then child support stops. Again have no issue with him paying the support but with his ex she will most likely will not be giving that money to her child when shes in college. That's the issue I have.

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The issue you have runs much deeper actually.

Let's use a simplistic analogy, shall we? Switch around the pronouns as appropriate.

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Treat your checking account like a swimming pool. Every month, you add 500 gallons of water from child support. You add another 1000 gallons from your job. Maybe you have a birthday and get another 50 gallons for gifts.

Now, you take 300 gallons out to pay your rent. You take 200 gallons out for food. Another 200 gallons for medical care.

How in the world would you be expected to know that the gallons you took out for food, clothing, etc was the same as the money that went in for child care? Obviously, you can't.

Bottom line is that as long as the child is fed and clothed and has shelter, ex has no say in how child support is spent.

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That better?

And if OP really has an issue with the fact that only mom gets child support then she should ask DAD why he never went for a custody change. If kiddo is spending half time at each house then it would be DAD's responsibility to see a court order is changed.

So OP, go and ask dad. He seems fine pay his court order CS. If he wasn't then he had options. If he did and did not get a change then that means the COURT has deemed he should still pay.

And you can bet your bottom dollar that kiddo WILL see money from mom. Apparently kiddo's home life with mom is not as bad as all that and it sounds like their relationship is typical of mom/daughter.

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Quoting Rbratt

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Apparently you have not or maybe because you sound extremely bitter. So unless you have some actual help here please stop responding with your nonsense.

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You are an exceptionally rude and exceptionally childish person.

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Quoting Mr. Knowitall

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You are an exceptionally rude and exceptionally childish person.

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Evidently Dad prefers those types.