Preexisting child support and his soon to be ex's support

[allemyne]

Okay, another very confusing question . . .

My ex is supposed to pay me $475 a month in support and $50 toward my legal fees from taking him to court.  He's divorcing the one he left me for (go ahead, I laughed, too), but she's requesting support.  They were in court yesterday and the judge supposedly informed him his preexisting support order doesn't matter at all in this case.  They used his last month's earnings instead of a year's worth, and set her support at $800/month!

It would seem the judge would at least consider he has to pay his son (our son is 11) first, and then whatever's left can be used to do her support.  As it is, she has already had it written in that all she has to do is let the courts know he's one day late and he'll be arrested (supposed to pay her $200/week)  She's very vindictive and will be at the courthouse at the 24 hour mark . . . which basically means my son and I can go to Hades because he'll never be able to do this . . .

Is it right that the child support order does not matter in figuring spousal support?

[m_t]

When was your support ordered? Has his income increased since then?

Here's the thing - it is not up to the court to automatically refigure your support - it's up to you to bring it back for a modification if it's warranted. If you didn't do so, the court is simply going to use the existing number from the order. Apart from that, your order has no impact on hers.

Unfortunately, you may have waited to long for a modification. Because now, they will take what he's ordered to pay her in calculating your mod. Sorry.

[allemyne]

We had support refigured in March, after they separated but before she started screaming for support (because I knew she'd do it when she realized he wasn't coming back)  That's when it was changed to $475.  Her support order was just done yesterday . . . .

I just find it hard to believe they wouldn't take the child support order into consideration.  If he has to pay her before he pays me, it's a good bet we'll never see the child support. 

From what you say, they'll figure her support in considering my child support next time it needs to be modified, but not consider my order for child support in figuring hers, although my original order was in 2004 and it was redone 6 months ago . . .  I'm not requesting MINE be refigured; I just want to know why the court did not take it into consideration when they figured HERS!  It would seem his son should warrant more than his STBX!

[m_t]

No, that's not what I said. Your support was taken off of his available income, then her support calculated. That doesn't mean yours is increased. And it's not a matter of who gets paid "first". He owes both of you, and either of you is able to take him back to court for contempt if he doesn't pay.

[allemyne]

and that's the crux of what I am saying - the judge did not take off what he pays me before figuring hers.  He said it doesn't matter, and that he didn't care.  All that mattered is his income, based on one particular week, not the entire year that my ex was giving him, and nothing deducted out.

[m_t]

Okay - I sorta missed that point - sorry.

You may need to talk to a lawyer, but I'm not sure how much good it will do you.

[TC]

and that's the crux of what I am saying - the judge did not take off what he pays me before figuring hers.  He said it doesn't matter, and that he didn't care.  All that mattered is his income, based on one particular week, not the entire year that my ex was giving him, and nothing deducted out.

No offense, but that really doesn't make sense.  How do you know this?  Is this what he told you?

Most states now follow a standardized formula for CS and Judges are reluctant to deviate from that standard formula no matter what the circumstances.....I'd verify your information before I jumped off a cliff on this one.

MT's advice of talking to an attorney is a good one.

TC

[allemyne]

We're getting together this weekend if he gets into town and he's going to show me the paperwork.  If it turns out the judge really based her support on one week's income and without taking out what he's supposed to pay me, I'm going to recommend he hire the attorney.

What everyone is moissing here is that I don't want my support refigured, but I do want him to be able to pay it!

[TC]

I'm not missing a thing...I understand what you want, which is to maintain status quo....which is reasonable.

All I'm saying is that what you are being told doesn't make sense to me and I think there is more to the story (his side, not questioning you).

TC

[TC]

One more thought....I'd get very specific as to where he is getting his side of the story...is he actually getting it from a Judge and the court....or an attorney for the local Child Support Recover Unit?  There is a BIG difference and often these attorneys that work for the Child Support Recovery Units talk out their ass.

TC

[allemyne]

This is coming from him, which would normally make me suspicious, but I also know our court system here and the lawyer his STBX is using; since he hasn't hired a lawyer, they think they can railroad everything . . .

His daughter, who worked for attorneys around here for several years, says it does appear to be that way, so I told him to bring the paperwork to me to look over.  If it appears he's telling the truth, we'll go from there . . .  I was mainly just seeking confirmation that my support should have been a factor in the issue.

[livealittle]

This is coming from him, which would normally make me suspicious, but I also know our court system here and the lawyer his STBX is using; since he hasn't hired a lawyer, they think they can railroad everything . . .

His daughter, who worked for attorneys around here for several years, says it does appear to be that way, so I told him to bring the paperwork to me to look over.  If it appears he's telling the truth, we'll go from there . . .  I was mainly just seeking confirmation that my support should have been a factor in the issue.

and he should have an attorney too.

[m_t]

What you may also want to look at is whether "her support" is actually alimony or if it is part of a property settlement. That could make a difference. I'm betting it's the latter. And that your ex is singing you his version of "Poor, Poor Pitiful Me".

[Wolfy]

And I would want to look at court documents not just take his word for it.

[CollegeDad]

If he believes that a mistake was made in calculating alimony, he has 42 days from the time the order is signed by the judge to appeal it.  After that, he is stuck with it.  So, whatever he's going to do, time is running out.

Also it doesn't sound like he was married to this woman very long.  If so, I'm surprised he was ordered to pay her any alimony at all.  Was there any kind of abuse on his part involved?  If so, this may be the judge going after him for that. 

Also on a short marriage, I expect there is a limit as to how many years this is ordered, usually 3 or so.  Its usually long enough for her to get on her feet.  Something is wrong if she was granted permanent alimony if they weren't married more than say 3 or 4 years.  Anyway, if iit is for a set number of years and not permanently, you'll only have to worry about it for a few years of your child's life.   

Unless they have been married for more than 10 years, I don't think she would have any claim on his retirement.  I would think that all other assets like bank accounts and possessions would be itemized in the decree and taken care of after the order is signed in various one time transactions unless their were unpaid debts in her name that he has been ordered to pay. 

Finally, if he can't get out of the alimony on appeal, he really needs to keep track of his ex's status.  As soon as she marries someone new, he's no longer required to pay her alimony.  Also, if she "co-habitates" with a man while she is receiving alimony, your ex can go back to court and ask for the alimony order to be revoked. 

Now that you've got someone else out there going after his money, you are probably going to have to step up your efforts to keep the money for your child coming.  It sure sounds like if he ever falters supporting his child now, you are going to have to beat his ex to the courthouse to file contempt if you want to make sure your child receives their fair share. 

Hopefully its not too late for him to appeal this and get the alimony reduced or eliminated.