CS vs. Spousal support


#1

I’ll make this as short as possible.

My 1st ex wife and I seperated because of her infidelity, 3 years later we divorced and before the year was over we signed a consent order for custody of our children. It included 50/50 legal and physical custody and no child support "so long as that order remained in effect"
I remarried.
The ex continuously harassed my new wife, meaning, my new wife was dragged into court numerous times and everytime the charges were dismissed, on at least 11 occasions, her, her children and my children were questioned by DSS. It became a detriment to her and her children and mine, but myself and my kids unfortunatly have to deal with it, my wife did not. We chose to seperate because of the harassment and the emotional problems it was causing her children.

We signed a seperation agreement in which I offered and agreed to pay her $1450 per month in spousal support.

2 years later my first ex wife chooses to move 2 hours away with my children and with a man she is not married to(also against the consent order) she has filed for CS and I still have my children 50% of the time. But in the process the CSE worker is attempting to force me to pay an amount equal to if their mother had Full Custody, she refuses to take into account the amount I pay for work related child care and the spousal support. In short I will with $900 per month to live off of, pay taxes, insurance ect. I have bent over backwards for my childrens’ mother and I drive 2 hours 1 way weekly and on all days out of school, to keep my 50% of the time and she keeps pushing harder and harder for me to just walk away.

Doesn’t CS have to allow me my fair child care rates, and my spousal support since it came first? Can they cause 90% of my pay to be taken??


#2

The CS worker is giving my ex-wife legal advice and the CS worker is also calling my former attorney to have them make me let my ex have my kids on my time.
Can a CS worker cross those lines?


#3

The Guidelines define “gross income” as income before deductions for taxes, social secuirty, health insurance, retirement or other amounts withheld from income.

Pursuant to the Guidelines, the alimony you do pay now pursuant to an agreement made for a second marriage “may” be used as a factor to deviate from the Guidelines. That is your best hope.

The Child Support caseworker should not involve themselves regarding custody issues…only issues of child support.