sarah
journeyman
Reged: 07/22/04
Posts: 62
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Hi there! NCP bio mother is getting out of the army in couple of months (medically discharged for PTSD which she has told me personally is a farce, she had anxiety prior to, she is just trying to get out and get extended benefits...). Anyway, she texted my dh last night that she has been looking for a job for 3 mos and hasn't found one so she is going to put in a request to reduce child support. Mind you, she has no idea that we put in a request for a modification 6 months ago and it should be done any time now. The current amount is from 10 years ago when the kids were 3 & 4 (with no child care) and was low then. Now the kids are 13 & 14 and EXPENSIVE!!! Oldest has braces and is on Varsity Cheerleading and in tumbling. Youngest is in soccer and football and wears contacts and has severe asthma. Both go to counseling EOW. All medical expenses have gone without being reimbursed for YEARS because she "pays" for medical insurance through the Army. Meanwhile, we've been paying her out of network deductibles which she utilizes the benefits for, as well. She has the statements coming here. Forget groceries for two ACTIVE growing teens...
Anyway, just wondering on opinions of her being granted a modification. My thought was that the CS would just go unpaid and in arrears until she can pay it.
Our initial opinion was to respond with, "OK the kids just won't be able to eat for a week out of the month!" But refrained! :) Keep the peace, keep the peace, keep the peace!!
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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You said:
(medically discharged for PTSD which she has told me personally is a farce, she had anxiety prior to, she is just trying to get out and get extended benefits...).
My response:
Good luck proving that. The mother has paperwork that says her discharge was for medical reasons. You have hearsay. Which do you think a judge is going to go with?
You said:
Anyway, just wondering on opinions of her being granted a modification. My thought was that the CS would just go unpaid and in arrears until she can pay it.
My response:
Depends, what is she making now? And since she was medically discharged, you can't use her salary from the military. What will probably be used is the extended benefits and any disability she is getting. If it's less than the income when child support was first calculated, chances are good that it will go down. It all depends on the state guidelines are where jurisdiction is. The father really should learn them, then he would have an idea of what might happen.
BTW, if the mother is getting SSDI (disability)the dependent care portion should be going to the father. And if she is, that will probably be what the father will be getting for child support now.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Since CS has not been calculated in 10 years CS may go up even though her income has decreased. Either way, her income loss and military discharge will absolutely work in her favor. No judge in his/her right mind would fault a soldier for PTSD. Ever.
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13.1...because I am only half crazy!
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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CS is based on income rather than the needs of the children. It's irrelevant what the kids are eating or tumbling. Personally I have a problem with income based CS, but it is what it is. My 11 year old gets $1500/month. I don't expect he eats that much.
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