Financial questions regarding DOS


#1

I have recently received a proposed separation agreement from my wife’s attorney.
She is asking for back alimony from the time she left.
She is also asking for back child support from the time she left.
I have been paying my son’s orthodontist bill as well as my daughter doctor bills. I have also been paying my daughter’s
car insurance and giving her money for gas and also for oil changes.
Is my wife entitled to any money since we didn’t have an agreement?
Is the money for the doctor and car upkeep considered as money towards child support?
We share equal time with the children and my wife’s and my income ration is about 70/30.


#2

She left and wants alimony. Are you kidding? See a lawyer to nip that in the bud.

It is my opinion that money for gas, car upkeep, and (and Erin disagrees with this last one for sure) auto insurance is included when PSI calculates the child support guideline tables.

The orthodontist bills and doctor bills are not child support and your wife should pay her share of those.

With that said, many judges will consider all of your payments to be gifts and order you to pay child support from the month she left. You will need a good lawyer to combat the weasel your wife hired.

Your ex-wife is entitled to some money since the state thinks she is supporting the child. Your ex-wife’s attorney is asking for a lot more than is reasonable. If you earn the 70% you will be ordered to pay child support. Candidly women are 50% less likely to be ordered to pay child support so don’t count on it if she earns more money.


#3

She can ask for back child support and pss/alimony.


#4

No, any monies not specifically stipulated as either alimony or child support will not be counted as such. Car insurance and gas would be considered similar to gifts given directly to the child and therefore wouldn’t factor in at all.

FWIW, when faced with the request for alimony…weigh out how much you’ll have to pay to your ex over the years vs how much it would cost you to hire an attorney to fight such a request. I’m not a fan of alimony is most cases, but don’t cut your nose off to spite your face.


#5

I think he is going to get some credit toward money paid against the back support. I was told “to do what looks good” and he is insuring his kids have needs met which I think is a good thing and he will not be penalized for that. Child support is based on overnights, you should probably ensure you keep your kids as much as possible for now and contest custody.