Should a father have to pay more child support because the mother lives with bum that won’t help pay bills?
Posted by adminAug 31
My boyfriend’s ex wife gets 28% for two kids, plus he pays half of daycare, extracurricular, half of school expenses, half of medical expenses and he is the sole person paying for their medical and dental insurance.
The mother has a live in boyfriend that is a felon (4 dui’s) has no job, no car and we all know she is supporting him on her income and with the child support.
She wants more money for school clothes etc,,, over and above SCHOOL SUPPLIES that he pays half of. The argument isn’t just about giving her extra at this time of year for clothes, but she doesn’t buy them clothes throughout the year claiming she doesn’t get enough money for clothes.
It is also this: Will a judge look at how many adults live in the household with the kids and how many are actually contributing to the household expenses. Can my boyfriend, bring up the fact that his child support is obviously going to support this lazy bum also?
I have heard in most cases that it doesn’t matter who she has living there. I am just asking, should the father have to pay more just because she feels she is drowning in her debt because she doesn’t have help from others living in the house. Is it the father’s responsibility?
12 comments
Comment by ablex on 08/31/2010 at 9:30 am
The boyfriend has absolutely nothing to do with it.
Support is figured based on the incomes of the biological parents, and includes money for food, clothing, school supplies, etc.
If she can’t make it work, she needs to increase her own income.
Comment by sheloves_dablues on 08/31/2010 at 10:04 am
The new b/f has NO LEGAL RESPONSIBILITY to provide for children that don’t belong to him.
Child support is based on the income of the non-custodial parent. She is only entitled to support ordered based on this income. Her inability to manage her financial affairs is not the responsibility of the non-custodial parent.
Comment by Jordan M on 08/31/2010 at 10:19 am
IF he believes his children are in danger as a felon lives in the house, then let him petition for sole physical custody. That way, she has to pay child support. All of this has nothing to do with you.
Comment by GUY bein' a GUY on 08/31/2010 at 10:52 am
Well the simple solution would be to take her to court for custody.
A live in felon with no visible means of support ids a good reason.
Now on the chance that you are more interested in his money than the welfare of his kids I could not advise.
Comment by katie on 08/31/2010 at 11:39 am
No, it should not be his responsibility. He needs to see a lawyer and fast.
Comment by do we have to go there? on 08/31/2010 at 11:56 am
A judge will base his decision on the financial needs of the children. It sounds like your BF is contributing enough. You can go to your state website and look up the child support forms you need from the courts. 99% of the time these days – they use the formula from those court documents and nothing else.
As for school clothes – seems like she shouldn’t be asking for more but the kids are going to suffer without if someone doesn’t buy the clothes…perhaps your BF could just offer to take them shopping and buy a new outfit or two.
Otherwise – let her take him back to court – I doubt they’ll adjust much…
Onto your other issue – her choice of BF – you can’t do anything about it. Period. Just the same way she can’t do anything about you being in the picture…In that regard – let it go.
Comment by bored_ at_ work on 08/31/2010 at 12:28 pm
Her bf has nothing to do with child support…. as for helping out with school clothes and supplies.. yeah he doesn’t have to but if he can why not? my ex husband pays child support and he also helps with other stuff.
Comment by His mommy on 08/31/2010 at 1:08 pm
First of all, sounds like your bf got the *** end of the divorce deal – I’ve never heard of a person having to pay for 1/2 of school expenses on top of child support. That’s what it’s for!
Second, he really should get an attorney for this one. If he can prove that the mother not only is neglectful of caring for the children via her child support, not only will a judge NOT grant an increase, but he may have a chance for custody. They DO consider everyone’s income that lives in the same household in calculating if the right amount of support was given.
In the mean time, he needs to only pay what he’s obligated to pay for.
My husband’s ex took him to court twice, claiming $500 a month wasn’t enough (she lived with her mom and had zero household expenses). Unfortunately, she could NOT prove (via receipts) that she needed more and the support amount was cut in half.
Bottom line-if she’s going to try to get an increase, she will have the burden of proving that she spends more than that on the children, or she’ll get screwed. There is justice in the world sometimes.
Comment by nodumgys on 08/31/2010 at 1:59 pm
thats right, who she lives with is of really no concern. unless his felonies endanger the children and then that would still not make a good case for lowering child support, only for custody.
Father should pay like you describe in the first paragraph and anything beyond that he can physically buy himself. Father should be in contact with the school/teacher, they will tell him what is needed for school supplies, then he buys them. Same with clothes.
cut out the middle man.
personally, I’d rather borrow from a friend than to ask the father for more money for anything. fortunately that never happens either.
Comment by Lerax on 08/31/2010 at 2:31 pm
He is going to have to pay something, obviously, but you can definitely pay less from what it sounds like. You will need to talk to a lawyer which i suggest you do as soon as possible. I hate greedy people too. Best of luck to you and your boyfriend.
Comment by Debi on 08/31/2010 at 3:01 pm
Child support is not determined by the financial needs of the custodial parent. The fact that the mom is living with a deadbeat has nothing to do with anything.
Comment by Rae on 08/31/2010 at 3:50 pm
He could just buy clothes and send them. That way he’s not giving her money. Are the kids safe in the environment with that guy? That would be my number one concern.