He needs to take with him a copy of the final agreement between them stating what he is supposed to pay to her when, and any other documentation of what he has paid.
There should be no reason for them to take child support from his pay since he is up to date and has not been deliquent in paying.
If your fiance paid her an advance in child support, I hope that was written in the notes what the check was for, then she can use the money any way she wants. If she bought the car with that money then that just means that she bought a car with the child support. It does not mean that he did not pay her.
It’s unlikely that the will look into him paying too much unless he asks them to look at the figures. You are correct in that they can not use the rental property money since you are not married. That may change once you are married if the property is given to your marriage and ends up with both your names on the deeds…but for the moment they don’t even need to know about it.
It’s also unlikely that she will get into trouble over lying about his income unless she persists after the truth is proven or it ends up in court. This is not to say that if the lying continues her case worker may have issue with it or that there will be no repercussions at all…I’m just saying that all she has to do is pretend that she misunderstood. Now lying about him not paying child support at all when he clearly has been and can prove it…that may be another matter…
When you meet with the Child Support Worker they should look at your income and the expenses you are paying on behalf of the child and calculate child support based on those numbers.
The medical expenses can be considered an extraordinary expenses and child support may be reduced based on paying those expenses.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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I have a few questions to ask for my fiance. My df has two children with his ex. He has custody of their son (7yrs) and the ex has custody of their daughter (4years). In their first divorce agreement he agreed to pay daycare and when the dd starts school he would pay $200 in cs to the ex. Those papers were re-done several times over. To make sure he was paying enough we found the NC CS calculator and put in his income. She stopped working so we put in a low figure for the avg pay in this area. The amt we (and her own attny) came up with was $250 per month plus he pays daycare ($100 per week=$400 a month). To make sure she didn’t come back and want cs for the time that she agreed not to get cs (the first two sets of papers) I paid her the back child support for those ten months. The health insurance is free (until they revise it next year) with the company he works for. Their ds has medical problems and has to get injections every other week. Those cost about $8k per month…of course insurance pays after the $1200 deductible is met. And we spend about $75 per month on his meds and $100 a week for childcare during the summer. She pays nothing for the son. Two months ago she needed a car for her bf (who doesn’t work either and owes $21k in back cs to his ex) and we just so happen to have one she wanted. So we gave her an advance in cs and she turned around and bought the car. The she decided that the dd needs to stay with us until she could get “on her feet”. DD did stay with us for two months. The ex agreed to keep both kids for four weeks…but wanted us to pay for the son. So we did give her cs for that month…but the ds decided he didn’t want to stay…so he come back home after a week.
We recv’d a letter Sat from CSS saying df needs to come in with a bunch of paperwork. According to the ex’s neice (who was with her at the CSS offcie) the ex told the agent that my df makes $8k a month and doesn’t pay cs. She told them he has “rental income” along with the income from his job. She said he will have to pay her $800 every two weeks. She said that the CS Agent pulled up his income using his ss. I know thats wrong. She’s trying to get medicaide for herself and dd also. I know that CSS doesn’t take her word for it thats why they want to see his last 4 paystubs. The rentals she is speaking of are in my name…I bought them. So I know they can’t use that income and they can’t use my income. Nice try. DD has insurance already. Why would they give her medicaide also?
Df is not trying to get outta paying cs by any means. Not only do we pay a total of $650 per month ($250 to ex plus $400 to daycare) for one kid…but we also buy clothes and other stuff for the dd. I took her to the dr a few weeks ago. That was the first time she’s had a well kid checkup since she was a baby. I have paid the ex’s electric bill to help out…I have helped her fix her credit (she has a ton of collections), I have made her a resume and gotten her several interviews…but she will not work. She would rather sit on her backside and collect the cs…on top of all that we pay for everything for the ds. She has never offered a dime. I bought her groceries and a $100 gift card for more groceries when the kids were to go over to her place of the 4 weeks. She had the Salvation Army pay her April power. We had dd that month. We do our part… Not only does she want more money…but she doesn’t want to keep the dd. She’s either trys to pawn her off on us or her family. The kid is bounced around like a basketball from one player to the next. She refuses to give us custody. We keep her every other weekend picking her up on friday and dropping her off at daycare on Monday. So we keep her 113 days. And we have the ds 313 days. The ds has a medical condition that requires expensive shots every other week. We just have to pay the $1200 a year deduct. Will that count in the calculation?
So…with that bit of history…what should he expect when he goes to speak with the CS Agent? What info does he need to bring besides his paystubs, ss card and proof of insurance. I’m collecting all the cashed checks for the cs and the daycare. When they see she lied about his pay…will she get in trouble for that? We pay cs every month on time…will they still have the cs taken from his pay? With the cs advance she got and used to buy the car…will she be able to have that check “voided” as a cs advance? I have that cashed check too. If they see he is paying too much cs…will they reduce it?