Long story short, I live with and love very much someone who sees 41% of his paycheck after taxes (his "wife" says he's not allowed to claim the kids he keeps a roof over) and child support. He has not been able to afford to file divorce until just recently (rent on an apartment is more than one of his checks). We have a 2-year-old son with special needs.
Had I known how long he had been separated without a divorce prior to having my child I might not have stayed. But over the past 3 years I have seen how evil, greedy and dishonest his wife is, and what good is it going to do for my son or for him if I just leave? I'm not treated badly, and eventually he has to be able to get divorced from this woman (she needs 60% of his money, but says she has all the money in the world to fight the divorce).
His daughters from his marriage are almost 18. Their mother lied when she filed for child support, saying that he wasn't supporting his kids (but they had a joint account that she would empty every one of his paydays...and we can pull the bank statements on that one). This automatically put him in arrears. Also, she always tries to get him to pay for her legal fees. This is crippling him, this man can't have a life because of all the debt she is drumming up (she's taken credit out in his name as well).
My question is, due to the fact that he has one more child, can he get his child support modified? Also, according to his state's calculations, he contributes the greater half of monetarial support (he pays for their rent and utilities, as well as the girls' health insurance). He struggles to live while they go see American Idol. How is this fair?
A mutual friend in the state where he used to live (and the state where the child support is decided) said that every three years you can have the child-support revisited. All we would like is for the fraudulent arrears to be taken off, let her pay her own legal fees. He'd still be in arrears, but that'd be taken care of in a year's time (he was unemployed for 9 months several years ago). Also, why can't the mother pay her own rent? She gets section 8, we qualify for nothing because of what he "makes". We were lucky to get free services for my kid's autism.
Once the father has another kid, can the child support be re-visited? Either way, I'll be glad when the end of 2014 gets here, he'll finally be able to move on, own a home, have a life.
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