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RE: The Vengeful Divorce
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Lawyerlady wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
Lawyerlady wrote:
huskerbb wrote:
Mellow Momma wrote:
huskerbb wrote:
Mellow Momma wrote:
huskerbb wrote:

Our friends just went through a divorce. It was pretty acrimonious on both sides. I think, though, that she was probably more "vengeful" than he was. Her demands were pretty outrageous in terms even of child support compared to his income.


 That's just idiotic on her lawyers part. Child support is determined by a formula. There is little to no negotiation about it. 


But she got it.  $1,000 a month--and he doesn't even have a job.  


 Did he recently have a job? Is he laid off? The judge may think that he quit to avoid paying child support and is trying to get him to go back to work. 


He lost his job--part of the reason for the divorce in the first place. 

He tried to start his own business--but that is not working at all. 

He is applying for jobs, but he recently got a DUI, so it's tough.  His bonehead mistake, but it doesn't change the reality of the economic situation.  


 Yeah, sounds like a winner.  I wouldn't waive his child support, either, if I was the judge.  He is legally responsible to support them. 


I'm not saying to waive it--but it's too high.  Even when he gets a job, it isn't likely to support that sort of number. 

She's no prize, either.  She doesn't make squat.  She pretty much relied on him to be the bread-winner for their entire marriage, then she wants the divorce, but pretty much wants the financial arrangement to continue.  


 Thus the reason for the CS amount.  How many kids?


Two--but regardless, you can only pay what you can afford to pay--and it's too high for his income, especially when that income is zero at this point.

 

Even under the most optimistic of scenarios, it would be too high and way out of any "guidelines" if and when he does get a job.   


 Two kids?  Husker, 1k/month barely pays the grocery bill.  Then you have clothing, roof over the head, heat, electricity, sports fee, etc.  He can work at a convenience store or two, car wash, etc.  He made the babies, he needs to support them.


So does she. 

 

Again, you can set the support order at 10 grand a month--but if the person paying it doesn't make 10 grand a month--then what good does it do?

 

You might as well set it at some reasonable number that they have a chance of paying. 

 

1,000 a month is an exceedingly high support order for two kids.  I've rarely ever heard of one that high unless the father is making six figures.   


 Then you are not privy to too many child support orders.  For a combined monthly income of $2800 in Nebraska - the shared support is $1004.00 for 2 kids and the non-custodial parent pays 67% of that.  And $2800 isn't much.  Working a $10 an hour job full time, you would make $1600 a month.   Multiply that by 2 and you get a combined monthly income of $3200.  For 2 children, the shared support amount would be $1,105.00 a month, and the NON-custodial parent pays 67% of that.

Obviously, the judge used prior income as a basis for potential income and based it on that.

 

Here is the child support table for Nebraska -

https://supremecourt.nebraska.gov/sites/court.cdc.nol.org/files/rules/forms/childsup-table.pdf

 

 

And here, I have a friend currently going through a divorce.  Her husband's income is about $55,000 and his monthly support obligation is $1083.  And we use a income share approach. 


????

 

With no job, where do you get the income figures for him?   



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Also, they don't live in Nebraska.

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On the bright side...... Christmas is coming! (Mod)

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huskerbb wrote:
Nobody Just Nobody wrote:

DH pays almost two grand a month for one child. And his ex only pays $400/month in rent. So we KNOW that money is not all going to SS. It's the reality of the situation. (We know because she wanted to move once and asked us to keep an eye out for house that had the same rent that she pays now. $400/month or less.) Personally, I don't think any kid needs that much money a month to live on. Conversely, I was awarded $280/month for three kids when I got divorced. Yeah, didn't even pay for groceries.

I get tired of men whining about paying child support. Statistically speaking women get screwed at a much higher rate then men do. Most men walk away paying less money and contributing less time, energy, and support to the children than the men do. And I did say MOST.


Then give custody to the father.  


 Yeah, because the azzhat they just left who complains about supporting his kids is the one we would want raising them. 

Just because they are getting screwed over doesn't mean they don't want their kids.  Geesh.



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Lawyerlady wrote:
huskerbb wrote:
Nobody Just Nobody wrote:

DH pays almost two grand a month for one child. And his ex only pays $400/month in rent. So we KNOW that money is not all going to SS. It's the reality of the situation. (We know because she wanted to move once and asked us to keep an eye out for house that had the same rent that she pays now. $400/month or less.) Personally, I don't think any kid needs that much money a month to live on. Conversely, I was awarded $280/month for three kids when I got divorced. Yeah, didn't even pay for groceries.

I get tired of men whining about paying child support. Statistically speaking women get screwed at a much higher rate then men do. Most men walk away paying less money and contributing less time, energy, and support to the children than the men do. And I did say MOST.


Then give custody to the father.  


 Yeah, because the azzhat they just left who complains about supporting his kids is the one we would want raising them. 

Just because they are getting screwed over doesn't mean they don't want their kids.  Geesh.


She is complaining about the EXACT SAME THING.   



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On the bright side...... Christmas is coming! (Mod)

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huskerbb wrote:
Lawyerlady wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
Lawyerlady wrote:
huskerbb wrote:
Mellow Momma wrote:
huskerbb wrote:
Mellow Momma wrote:
huskerbb wrote:

Our friends just went through a divorce. It was pretty acrimonious on both sides. I think, though, that she was probably more "vengeful" than he was. Her demands were pretty outrageous in terms even of child support compared to his income.


 That's just idiotic on her lawyers part. Child support is determined by a formula. There is little to no negotiation about it. 


But she got it.  $1,000 a month--and he doesn't even have a job.  


 Did he recently have a job? Is he laid off? The judge may think that he quit to avoid paying child support and is trying to get him to go back to work. 


He lost his job--part of the reason for the divorce in the first place. 

He tried to start his own business--but that is not working at all. 

He is applying for jobs, but he recently got a DUI, so it's tough.  His bonehead mistake, but it doesn't change the reality of the economic situation.  


 Yeah, sounds like a winner.  I wouldn't waive his child support, either, if I was the judge.  He is legally responsible to support them. 


I'm not saying to waive it--but it's too high.  Even when he gets a job, it isn't likely to support that sort of number. 

She's no prize, either.  She doesn't make squat.  She pretty much relied on him to be the bread-winner for their entire marriage, then she wants the divorce, but pretty much wants the financial arrangement to continue.  


 Thus the reason for the CS amount.  How many kids?


Two--but regardless, you can only pay what you can afford to pay--and it's too high for his income, especially when that income is zero at this point.

 

Even under the most optimistic of scenarios, it would be too high and way out of any "guidelines" if and when he does get a job.   


 Two kids?  Husker, 1k/month barely pays the grocery bill.  Then you have clothing, roof over the head, heat, electricity, sports fee, etc.  He can work at a convenience store or two, car wash, etc.  He made the babies, he needs to support them.


So does she. 

 

Again, you can set the support order at 10 grand a month--but if the person paying it doesn't make 10 grand a month--then what good does it do?

 

You might as well set it at some reasonable number that they have a chance of paying. 

 

1,000 a month is an exceedingly high support order for two kids.  I've rarely ever heard of one that high unless the father is making six figures.   


 Then you are not privy to too many child support orders.  For a combined monthly income of $2800 in Nebraska - the shared support is $1004.00 for 2 kids and the non-custodial parent pays 67% of that.  And $2800 isn't much.  Working a $10 an hour job full time, you would make $1600 a month.   Multiply that by 2 and you get a combined monthly income of $3200.  For 2 children, the shared support amount would be $1,105.00 a month, and the NON-custodial parent pays 67% of that.

Obviously, the judge used prior income as a basis for potential income and based it on that.

 

Here is the child support table for Nebraska -

https://supremecourt.nebraska.gov/sites/court.cdc.nol.org/files/rules/forms/childsup-table.pdf

 

 

And here, I have a friend currently going through a divorce.  Her husband's income is about $55,000 and his monthly support obligation is $1083.  And we use a income share approach. 


????

 

With no job, where do you get the income figures for him?   


 I'm not getting income figures for him.  I was using numbers to show you that $1000 a month in support is NOT a rarity in Nebraska.  Not really anywhere.  Many states do a percentage of income, starting at 22% of income for ONE child.  If a guy makes $4000 a month - he's going to pay over $1000.  The point is, that is not high or rare. 

And with no job, the judge will look at his most recent income and his job potential.



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On the bright side...... Christmas is coming! (Mod)

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huskerbb wrote:
Lawyerlady wrote:
huskerbb wrote:
Nobody Just Nobody wrote:

DH pays almost two grand a month for one child. And his ex only pays $400/month in rent. So we KNOW that money is not all going to SS. It's the reality of the situation. (We know because she wanted to move once and asked us to keep an eye out for house that had the same rent that she pays now. $400/month or less.) Personally, I don't think any kid needs that much money a month to live on. Conversely, I was awarded $280/month for three kids when I got divorced. Yeah, didn't even pay for groceries.

I get tired of men whining about paying child support. Statistically speaking women get screwed at a much higher rate then men do. Most men walk away paying less money and contributing less time, energy, and support to the children than the men do. And I did say MOST.


Then give custody to the father.  


 Yeah, because the azzhat they just left who complains about supporting his kids is the one we would want raising them. 

Just because they are getting screwed over doesn't mean they don't want their kids.  Geesh.


She is complaining about the EXACT SAME THING.   


 LOL.  I kind of see your point.  But she wasn't really complaining about paying the child support.  She was complaining that it is not being used to support the kid.



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Lawyerlady wrote:
huskerbb wrote:
Lawyerlady wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
I know what to do_sometimes wrote:
huskerbb wrote:
Lawyerlady wrote:
huskerbb wrote:
Mellow Momma wrote:
huskerbb wrote:
Mellow Momma wrote:
huskerbb wrote:

Our friends just went through a divorce. It was pretty acrimonious on both sides. I think, though, that she was probably more "vengeful" than he was. Her demands were pretty outrageous in terms even of child support compared to his income.


 That's just idiotic on her lawyers part. Child support is determined by a formula. There is little to no negotiation about it. 


But she got it.  $1,000 a month--and he doesn't even have a job.  


 Did he recently have a job? Is he laid off? The judge may think that he quit to avoid paying child support and is trying to get him to go back to work. 


He lost his job--part of the reason for the divorce in the first place. 

He tried to start his own business--but that is not working at all. 

He is applying for jobs, but he recently got a DUI, so it's tough.  His bonehead mistake, but it doesn't change the reality of the economic situation.  


 Yeah, sounds like a winner.  I wouldn't waive his child support, either, if I was the judge.  He is legally responsible to support them. 


I'm not saying to waive it--but it's too high.  Even when he gets a job, it isn't likely to support that sort of number. 

She's no prize, either.  She doesn't make squat.  She pretty much relied on him to be the bread-winner for their entire marriage, then she wants the divorce, but pretty much wants the financial arrangement to continue.  


 Thus the reason for the CS amount.  How many kids?


Two--but regardless, you can only pay what you can afford to pay--and it's too high for his income, especially when that income is zero at this point.

 

Even under the most optimistic of scenarios, it would be too high and way out of any "guidelines" if and when he does get a job.   


 Two kids?  Husker, 1k/month barely pays the grocery bill.  Then you have clothing, roof over the head, heat, electricity, sports fee, etc.  He can work at a convenience store or two, car wash, etc.  He made the babies, he needs to support them.


So does she. 

 

Again, you can set the support order at 10 grand a month--but if the person paying it doesn't make 10 grand a month--then what good does it do?

 

You might as well set it at some reasonable number that they have a chance of paying. 

 

1,000 a month is an exceedingly high support order for two kids.  I've rarely ever heard of one that high unless the father is making six figures.   


 Then you are not privy to too many child support orders.  For a combined monthly income of $2800 in Nebraska - the shared support is $1004.00 for 2 kids and the non-custodial parent pays 67% of that.  And $2800 isn't much.  Working a $10 an hour job full time, you would make $1600 a month.   Multiply that by 2 and you get a combined monthly income of $3200.  For 2 children, the shared support amount would be $1,105.00 a month, and the NON-custodial parent pays 67% of that.

Obviously, the judge used prior income as a basis for potential income and based it on that.

 

Here is the child support table for Nebraska -

https://supremecourt.nebraska.gov/sites/court.cdc.nol.org/files/rules/forms/childsup-table.pdf

 

 

And here, I have a friend currently going through a divorce.  Her husband's income is about $55,000 and his monthly support obligation is $1083.  And we use a income share approach. 


????

 

With no job, where do you get the income figures for him?   


 I'm not getting income figures for him.  I was using numbers to show you that $1000 a month in support is NOT a rarity in Nebraska.  Not really anywhere.  Many states do a percentage of income, starting at 22% of income for ONE child.  If a guy makes $4000 a month - he's going to pay over $1000.  The point is, that is not high or rare. 

And with no job, the judge will look at his most recent income and his job potential.


I've never had a divorced non-custodial friend who had to pay that much for two kids, even if they made more than that.

 

I've also never had a custodial parent ever get that much--even if their ex makes more than that.

 

My buddy got custody of his two sons.  His wife is a nurse and makes well over 4k a month.  He got like $400 a month--for BOTH kids. 

 

The guidelines may be what they are--but in practice, that isn't the way it is.   



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When my wife's sister had custody of her two kids, her husband made over 80k per year working for the state, no less, and she got $800 a month in support.

Then she lost custody and had to pay him, but she made less so I think it was like $500 or so.

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Great cook-happy wife-superb fisherman

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So what happens if the ex doesn't make enough to pay the child support? After a certain number of elapsed onths, does he/she go to jail?



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Momala wrote:

So what happens if the ex doesn't make enough to pay the child support? After a certain number of elapsed onths, does he/she go to jail?


It's supposed to work like that but it rarely does.  If the guy offers to pay five dollars toward his child support they consider him "trying" and they won't arrest him.  How do I know this?  My ex was sixty grand behind in child support.  He flat out refused to pay and the government told me this, "We're not going to bother because it will cost us more to hunt him down than it would to get anything out of him.  We'd end up losing money.  So it's not worth it for us."  I was so angry.  It's not worth it for YOU?  What about what's good for my kids?  In the end though karma won.  Child support, like taxes, is inevitable.  When he applied for SSID they saw he owed money and now guess who gets 48% of his SSID check every month?



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Itty bitty's Grammy

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DH paid child support for 8 or 9 months since his daughter was 20 years old when the divorce was finalized.

She was supposed to be in school and living at home. Neither was the case at the time, but things were so bitter that we were both happy to pay it.

flan

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On the bright side...... Christmas is coming! (Mod)

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Momala wrote:

So what happens if the ex doesn't make enough to pay the child support? After a certain number of elapsed onths, does he/she go to jail?


 He can.  But the other reason that the award is made even if he can't pay it now is because it becomes a debt.  The support will accrue and he will owe it.  So, whenever he does get money - it will become hers - tax returns, etc.  And she'll be able to sue him and get a judgment, so if he plays deadbeat while the kids are little and miraculously gets a good job or comes into money when they are grown - she can still get paid back.



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Lawyerlady wrote:
Momala wrote:

So what happens if the ex doesn't make enough to pay the child support? After a certain number of elapsed onths, does he/she go to jail?


 He can.  But the other reason that the award is made even if he can't pay it now is because it becomes a debt.  The support will accrue and he will owe it.  So, whenever he does get money - it will become hers - tax returns, etc.  And she'll be able to sue him and get a judgment, so if he plays deadbeat while the kids are little and miraculously gets a good job or comes into money when they are grown - she can still get paid back.


But in this case, the support is way outside any income he is currently earning.

Plus, she got the house and he has to make the mortgage payments on top of that. 

Pretty sure he can't do that, either, and they'll lose the house and she'll be in a worse position than she was if she had requested half the child support--but he was still able to make the house payments.  



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Lawyerlady wrote:
Momala wrote:

So what happens if the ex doesn't make enough to pay the child support? After a certain number of elapsed onths, does he/she go to jail?


 He can.  But the other reason that the award is made even if he can't pay it now is because it becomes a debt.  The support will accrue and he will owe it.  So, whenever he does get money - it will become hers - tax returns, etc.  And she'll be able to sue him and get a judgment, so if he plays deadbeat while the kids are little and miraculously gets a good job or comes into money when they are grown - she can still get paid back.


 Yes.  And the interest rate is astronomical.  And you can't bargain for a better rate.  So it just sits there and accrues.  So many men think they will get out of paying by not working.  Doesn't work like that.  The amount owed continues to add up, with interest, and like LL says they can get you.  Even if you do something like get remarried and you don't work but you file taxes if YOUR SSN is on those taxes they can legally garnish HALF of the tax return.  Half would go to your wife. 

Ask me about child support.  I pretty much know everything...



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Rib-it! Rrrib-it!

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And there's a good reason why so many non custodial parents move out of state. Once you move out of state you can be tracked for child support.

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Not all states accrue interest on child support. Also, if you haven't taken state assistance, you can squash some or all of the back child support. We made Mr.VoR's ex an offer of $10,000 on a $21,000 balance and she accepted it so the balance was eliminated. Shrug. Child support rules and judgements are inconsistent and unfair in many cases.

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Yeah, interest doesn't accrue here either. And moving out of state doesn't work anymore since the states share info electronically. My ex lied about his income. He hadn't filed tax returns in years so we couldn't get those. however what he pays is a big help so I'm not complaining. He should be paying about twice what he does, but I can well afford to support DD and going to court is a PITA.

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Rib-it! Rrrib-it!

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The states didn't use to share info. I don't know when that changed. But it used to be an issue. That was one of the things Clinton was trying to work on in office. When I got my divorce the states didn't share info and I had to physically call Arkansas and give them the info. It took forever. Nothing was electronic and they also said they didn't work on other states cases.

Here, interest accrues at an ungodly rate. I think it's about 14%. Or it was last time I checked. It may be different now. DH and I haven't been in the child support office for about three or more years.

My ex got busted finally on the federal level. The federal level has been synced for a long time. Any kind of federal aid and it can be garnished.

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Rib-it! Rrrib-it!

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Oh, and I didn't get support for 15 years so I have never depended on it either.

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voiceofreason wrote:

Not all states accrue interest on child support. Also, if you haven't taken state assistance, you can squash some or all of the back child support. We made Mr.VoR's ex an offer of $10,000 on a $21,000 balance and she accepted it so the balance was eliminated. Shrug. Child support rules and judgements are inconsistent and unfair in many cases.


 Yup.  Pretty arbitrary.

 

My SIL got $800 a month from her ex when he made 80k per year.

 

Then when she lost custody, she had to turn around and pay him $500 a month on about 25k per year. 



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