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#488 - 06/29/04 09:06 PM Other children that are not mine
adlibnit Offline
recently joined

Registered: 06/29/04
Posts: 1
I was wondering if anyone had some information on my situation....My husband has a wonderful 7 yr old boy which we have 50% of the time. We still pay his ex-wife tons of child support money. She has two younger children by her new husband. She says she can not work because of the younger children. I can't believe that should enter into the picture since the younger children are not my husband's and our child is in school full time. Has anyone had any situations like this. We are in Montana and I know each state has different laws. It just doesn't seem fair that she should get to "choose" not to work by having more kids when those kids are not my husband's responsibility.

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#489 - 06/29/04 11:21 PM Re: Other children that are not mine [Re: adlibnit]
sueotey Offline
recently joined

Registered: 06/16/04
Posts: 23
Child support is based upon individual state laws. i will check for you to see what is said in montana.

however, you should realize that child support is set in court -- and it is normally based upon the life style of what the child is used to. -- i know that can suck. :mad:

however, if the mom didn't work when they were married -- chances are she's not going to be made to work now. -- both parents should be supporting the child 50% -- with no child support paid either direction.

however, we also already know that child support is a hidden form of alimony.

in my state -- 50/50 is no child support.

but it is dependent upon the state's individual laws. i'll check for you and get back.
_________________________
LOVE WINS! in every instance -- it knows no other way but to win!

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#490 - 06/29/04 11:25 PM Re: Other children that are not mine [Re: sueotey]
Myfantastic4 Offline
recently joined

Registered: 06/28/04
Posts: 18
Loc: Pennsylvania
That is actually the same in my state which is Pennsylvania. If each parent has the child equal amount of time then there is No child support. I am going through that with my ex husband right now. My oldest children reside with him right now and when we went to court the last time because I pay him child support the officer of the court said that if I have the children 41% of the month then it is considered a washout. I have filed a modification to have this done because I have recently been having the children more then 41%.

But I would check into your state and find out.

Another site that you might want to check out is divorcenet.com where it lists your state and you can ask questions there and lawyers answer the messages also.

Hope this is helpful and Good Luck!

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#491 - 06/29/04 11:30 PM Re: Other children that are not mine [Re: Myfantastic4]
sueotey Offline
recently joined

Registered: 06/16/04
Posts: 23
here is the montana code:

CHILD SUPPORT: Either or both parents may be ordered to pay child support, based on a consideration of the following factors: (1) the financial resources of the child; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; (3) the physical and emotional conditions and educational and medical needs of the child; (4) the financial resources, needs, and obligations of both the noncustodial and the custodial parent; (5) the age of the child; (6) the cost of any daycare; (7) the parenting plan for the child; (8) the needs of any other person that a parent is obligated to support; and (9) the provision of health and medical insurance for the child. A portion of the parents' property may be set aside in a trust fund for the support of the children. A parent may be ordered to provide health insurance coverage for a child if such coverage is available at a reasonable cost. There are uniform child support guidelines adopted by the Department of Public Health and Human Services that are to be considered by the court. Child support payments may be required to be made through the Department of Health and Human Services. [Montana Code Annotated; Section 40, Titles 4-204 and 5-209].

here are some other sites that could help you.

http://www.dphhs.state.mt.us/about_us/divisions/child_support_enforcement/child_support_packet/guidelines.pdf

http://www.dphhs.state.mt.us/about_us/divisions/child_support_enforcement/child_support_packet/worksheets.pdf

http://www.dphhs.state.mt.us/about_us/divisions/child_support_enforcement/child_support_packet/instructions.pdf


http://www.dphhs.state.mt.us/about_us/divisions/child_support_enforcement/child_support_packet/table_2004.pdf


http://www.dphhs.state.mt.us/about_us/divisions/child_support_enforcement/child_support_packet/affidavi.pdf


http://www.dphhs.state.mt.us/about_us/divisions/child_support_enforcement/child_support_enforcement.htm
_________________________
LOVE WINS! in every instance -- it knows no other way but to win!

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#492 - 07/01/04 02:34 PM Re: Other children that are not mine [Re: adlibnit]
Shyrider Offline
newbie

Registered: 05/29/04
Posts: 44
Hi, I am in Montana as well.

Montana bases child support on the amount of time each parent has the child in their presence, as well as how much each parent earns annually. Usually, if one parent is not working, they will impute that parent's income. This means that they will base it on minimum wage, or whatever $$ amount that the court feels that person would be able to earn if they were to go out and seek employment. What your husband is paying is not based on the other children in her care, and should be set up to only reflect the support for that one child. Does that make sense?

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#493 - 07/14/04 10:01 PM Re: Other children that are not mine [Re: adlibnit]
rayc1 Offline
recently joined

Registered: 07/14/04
Posts: 9
Basing child support on an imaginary figure to have them live as if the mariage never ended is unfair to the child or the non custodial parent. The child needs to live in the same reality as the parents, and should have lifestyle based on reality.
The current formula punishes one parent and prevents them from providing a equal standard or living in both households because one may have found a boyfriend, or just got tired of marriage.
The child deserves two parents who live in the truth successfully, not one who gets to kick dad out and live as if his income were still there, and the dad who is only allowed to live at the standard of his child if the mother gives him custody or deserts the child.

You force dads to become discoraged, and fight the system of Family Court instead of looking out for the best interest of the child: the reality of divorce should be avoided in their lives. It is not good, and can not be mak=de the prefferance in life.

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