mustang66
journeyman
Reged: 03/26/06
Posts: 91
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Hi All,
Can someone tell me if my ex wife is obligated to pay half of my 16 year old daughters car insurance?
She bought a car and I'm paying the insurance and its not cheap!
I was voluntarily paying my ex 100 bucks a month because she had my daughter 4 nights a week and I had her 3 nights a week, I thought this was a good amount seeing that she has her only four more nights a month.
We have split 50-50 custody with no order for CS,
But now that my daughter drives she can stay at my house and her moms an even number of days and now my ex is demanding I keep paying the 100 bucks.
I don't think she will take me to court but I'd like to know if I went, would a judge make her pay half?
I could use that to maybe stay out of court and if I do go, it will cost her not me.
Thanks!
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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Nope, she's not obligated.
You're in a VERY bad legal position -- should your ex ever move for a formal CS order, none of what you've already paid will count towards it......so, if I was you?
I'd leave this completely alone. If you're only paying $100 per month???? I'd be on my knees praying that your ex won't take you in for child support.
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mustang66
journeyman
Reged: 03/26/06
Posts: 91
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Ok I get that she's not obligated to cover half the insurance.
But, if I make around 50k and she with her boyfriend that live together make 100k, I would think that 100 bucks a month would cover any CS obligation I might have.
I don't want to go to court and maybe it would be better if I kept paying it but I don't want to just be so scared that I get screwed now.
I don't know if she could get back CS for the last two years.
And why wouldn't a judge ask how much I've already paid and tell her that
she can't go after it because I'm pretty sure I was paying enough for Oregon.
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BeachBabeRN
Carpal \'Tunnel
Reged: 01/16/06
Posts: 3049
Loc: VA for 21 years, NC forever!
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Her boyfriend's income has no bearing. It's you and your ex's income that matter, not his.
$100 per month on a 50K income and you think that's paying enough? You might want to check the numbers for your state before you fiile anything.
But if you're only paying $100 per month? I'd not want to mess with that at all. Do you really want to find out if she can get child support for the past two years????? I think she could -- if she had a smart lawyer that filed it the right way.
In general, money paid to an ex spouse without an order to do so isn't considered anything but a gift.
I assure you, with a kid in the age range yours would have to be, $100 per month does NOT begin to cover a statutory child support obligation.
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MinnesotaMom
member
Reged: 01/05/11
Posts: 191
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I plugged your exact information into a child support calculator in my state and your monthly child support would be $475/month.
What state are you in?
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MinnesotaMom
member
Reged: 01/05/11
Posts: 191
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I noticed you are in OR. There is an official online calculator online so you can know exactly what child support would be if you went to court.
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9400
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Really? Assuming Mom's income is the same as Dad's income ($50,000), at 4 nights a week with dad and 3 nights a week with mom, my state's guidelines have him paying $97 per month.
Now, if Mom makes less than Dad, we'd be talking more than that. (note to original poster: Mom's boyfriend's income does not matter)
But, if they now have 50/50 custody, as opposed to 43/57%, that would also affect the calculation.
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MinnesotaMom
member
Reged: 01/05/11
Posts: 191
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I looked up what the actual support would be in OR and it's different than in my state. But, I didn't post the numbers to encourage the OP to do some research on their own. It's not my place to do it for them and they can either spend less than 5 minutes for the entire online process or pay an attorney a couple hundred to do it for them.
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