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Joined: Jul 2002
Posts: 14
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Joined: Jul 2002
Posts: 14
Hi everyone. Thanks to you who replied to my last post. I don't quite understand the posts I read where people suggest that you file for child support for your children before the OW files for the OC. Do you file for child support if you are married? In my case the children left at home are 15 (twins) and 19 (in college). Do you all think this is something I need to worry about since my children are older. Won't the support for the OC still be about 20% whether or not there are other children? Does anyone know? We live in Florida.

Thanks for your imput.

Joined: Mar 2002
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I think you would have to be seperated to file for support. but I could be wrong. I wouldnt worry about it since your children are so much older unless you intend to seperate.

Joined: Jan 2003
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Joined: Jan 2003
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sorry your going thru this.
this is my advice i live in CO
one of the main reason I went thru w/ my D was because I wanted my son to the first for CS orders. How it works here is that if the OW had legally taken UH to court or filed papers then my UH could lower my CS because he can claim the OC CS first, does that make sense?
1000 1000
-200 for CS ver. -200 for OC CS
800
-160 for YOUR children
he can take the OC CS out of his income first and that WILL lower what is due to YOUR children. you do have to have a seperation agreement to get CS orders filed but not a full divorce. If its something you want, I would do it FIRST. However your children are much older and you will not get support for the 19yr old and only 3 yrs for the 15yr old. So if your even thinking of staying in the marriage I don't know if it is worth the time and trouble, but its up to you. If the OW files first before you do then you will get less CS in the end. which SUCKS!!! I personally do not deny our OC ANY CS she is due it! But I think the children born INTO a marriage should ALWAYS be considered FIRST in the court system. Maybe if this country VALUED marriage more than we wouldn't have so many people screwing around! Sorry I'm a little bitter this morning! Good luck to you!

Joined: Oct 2001
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Joined: Oct 2001
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Hello,
Well, it depends on the state you live in. I would talk to a lawyer, ever state is different. I know here in Wisconsin you can get a faux separtion and then file CS and you do not have to be living apart to do this. You can just say that you are living in the same house for the sake of the kids. And you are having problems and want to make sure there is CS order in case you split up. CDOLLINS will be able to you. She works for a lawyer and is currently going to school to become a lawyer. I also know here once child support is set. You cannot get it lowered. The remaining children will get what is left after the first amount is taken out of the father's income. This is not the case in every state.

Dawn

Dawn

Joined: Oct 2001
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I live in Wisconsin as well and have to file for legal separation in the morning. My dh just got subpeona'd to appear in court and it looks like he might be the 'donor' after all. It's still a waiting game.

With me filng for legal separation to avoid paying as much c.s., my children will be considered first in the equation for c.s. So, x-ow will get about $200/month instead of $400+. They will not take into consideration our unborn child at this point for c.s. (our 3rd child is due in 12 weeks..I wonder if this is why x-ow brings this up after almost 6yrs of silence)

Our atty. told us that the c.s. amounts can be changed and/or reviewed every 34 months (can't be certain on exact #, but the amt. can be changed for a qualifying event...loss of job, birth, death, promotion, etc.).

So, even if you do file for legal separation (our atty. doesn't want any part of "saying" that it's to avoid paying as much c.s.) and get c.s. at this time, when the twins are 18, I imagine that the x-ow's dollar amt. would change and become more.

The other thing that my atty said was that we can disagree on the amt. paid and file financial papers to show that x amt. would be a financial hardship on us and let the judge decide. (instead of doing the legal separation thing) The 17% is just a guideline and we would have to prove that we couldn't pay the $400+/month. She said that the intent is not to make us broke and impovershed, but to keep her and child off of state aid, etc. (I bet to differ. I've read too many stories here!)

Oh, also, one of my friends was able to put her kids on state health care by saying that she was separated. She was separated, but not legally, she only had to give separate addresses.

Good luck!

Joined: Nov 2001
Posts: 178
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Joined: Nov 2001
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JMO- i think in your case, because of the twins age, separating or divorcing to file for cs for your kids could cause more harm than good. i think i'd go into court with an extremely united marriage and give ow what she deserves.

also note that (we filed in fl) as the wife i was not allowed to even be in the hearing room. only the parents were allowed. so my husband went in there and said "my wife and I" every time he got a chance to show that we were in this together. he also told the judge that he felt like he had done wrong by going outside his marriage but that he wanted to be responsible for his actions and he was glad that his wife was willing to work through this with him. i really think that showing the judge a fair attitude helped us.

here is a link to a florida child support calculator. good luck.
http://www.pelicanbytes.com/childsuppcalc.shtml


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