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  1. #1
    Join Date
    Apr 2007
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    Ky
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    Default Lowering Child Support

    Have a question. My husbands ex has her boyfriend living with her and has been for the past year. She doesn't work and basically lives off CS. At tax time the boyfriend even clamied two of the children. Can my husband have the CS lowered since theres more income coming into his ex's household since I'm sure he supports them too(boyfriend)? And can't my husband have it lowered since he's a full time student now and not working?

  2. #2
    Join Date
    Jul 2006
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    TN
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    Default Re: lowering child support

    If his ex wasn't working, your husband should have claimed the child. Did he? Has he filed taxes yet? Did he work at all last year?

    Also, did your husband quit his job to go to school and is just not working? If so, the judge may not allow for the decrease in support.

  3. #3
    Join Date
    Jul 2006
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    the voices told me to type "Cali"
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    Default Re: lowering child support

    Quote Quoting Neal1421
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    If his ex wasn't working, your husband should have claimed the child. Did he? Has he filed taxes yet? Did he work at all last year?

    Also, did your husband quit his job to go to school and is just not working? If so, the judge may not allow for the decrease in support.
    The bolded is not always true. If Mom is CP and as OP stated Dad is not working, then it is right for whomever is making the largest contrabution to the child's living expences to claim them.
    example: My husband claimed my daughter(his step) I am not working and "Dad" is MIA also my Hubby claimed one of my cousin's children (with no named father) because cousin was not employed and the child lived in our home for 11 out of the past 12 months.

    My undrestanding is that acording to the IRS, dispite what any custody papers might or might not say, the CP has the right to either claim the child or decide who gets to.

  4. #4
    Join Date
    Apr 2007
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    Ky
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    Default Re: lowering child support

    Quote Quoting Neal1421
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    If his ex wasn't working, your husband should have claimed the child. Did he? Has he filed taxes yet? Did he work at all last year?

    Also, did your husband quit his job to go to school and is just not working? If so, the judge may not allow for the decrease in support.
    Well theres 4 children involved. My husband claimed 2 and she (will her b-friend) caimed the other 2. But she had a fit about that since my husband and I just had our first child together in Jan and she told him ,"You have your new baby you can claim." and wasn't gonna let him claim any of them. Thats one reason why his going to take her back to court because that wasn't in the divorce. My husband did work last year as well as being in the National Guard. And yes he quit his full time job to go to school since the army is paying for it and to better himself and the children.

  5. #5
    Join Date
    Jul 2006
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    TN
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    Default Re: lowering child support

    Quote Quoting tiredofex
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    Well theres 4 children involved. My husband claimed 2 and she (will her b-friend) caimed the other 2. But she had a fit about that since my husband and I just had our first child together in Jan and she told him ,"You have your new baby you can claim." and wasn't gonna let him claim any of them. Thats one reason why his going to take her back to court because that wasn't in the divorce. My husband did work last year as well as being in the National Guard. And yes he quit his full time job to go to school since the army is paying for it and to better himself and the children.
    Since he quit his job and is therefore volutarily unemployed, chances are slim to none that the support will be lowered due to this factor.

    Also, her boyfriend is not obligated to support the children, so that won't factor into his getting the child support lowered either.

    Bottom line is that if he cannot afford his payments, he needs to go to work full time and school part time.

  6. #6
    Join Date
    Apr 2007
    Location
    Ky
    Posts
    56

    Default Re: lowering child support

    Quote Quoting Neal1421
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    Since he quit his job and is therefore volutarily unemployed, chances are slim to none that the support will be lowered due to this factor.

    Also, her boyfriend is not obligated to support the children, so that won't factor into his getting the child support lowered either.

    Bottom line is that if he cannot afford his payments, he needs to go to work full time and school part time.
    no paying it isn't a problem..I was just wondering since she had smeone else living with her...What if she got married?

  7. #7
    Join Date
    Feb 2007
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    2,031

    Default Re: lowering child support

    Quote Quoting tiredofex
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    no paying it isn't a problem..I was just wondering since she had smeone else living with her...What if she got married?
    Her husband/boyfriend/fiancé is no more responsible for supporting children that are NOT his than you are.
    It is the FATHERS and MOTHERS job to support their children...no one else's!!!

  8. #8
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Lowering Child Support

    Nope. The only people responsible for support of a child are the legal parents. His responsibility to support his child is not negated due to her marriage. His support didn't go up or down when he married you. Why should it go up or down if she marries someone else?

  9. #9
    Join Date
    Apr 2007
    Location
    Ky
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    56

    Default Re: Lowering Child Support

    Quote Quoting jojo4
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    Nope. The only people responsible for support of a child are the legal parents. His responsibility to support his child is not negated due to her marriage. His support didn't go up or down when he married you. Why should it go up or down if she marries someone else?
    But I was also wondering if it was legal for her boyfriend to claim two of the children on his taxes..

  10. #10
    Join Date
    Mar 2007
    Location
    California
    Posts
    174

    Default Re: Lowering Child Support

    But I was also wondering if it was legal for her boyfriend to claim two of the children on his taxes..
    From my years of doing taxes I can say that according to the guidelines, if he lives in the house and provides more than half of the support for the household, the people in the house become his dependants. She can allow him to claim them on his taxes if she chooses.

    As for the child support, one of the other respondents is correct. He is voluntarily unemployed, the chances of him having the support order lowered is slim to none.

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