My question involves a child custody case from the State of: Indiana
Hello all, first post here, inquiring about options ahead of me in regards to modification of support. A bit of a doozy but I will break it down.
Three children total. Two are to be 18 before the end of 2017 and the youngest child is pre-teen. I'll start with the soon to be adults.
Mother has custody of all kids. We are set for mediation this month.
Soon to be adults graduated from high school this year and because of internal strife at mother's home, (domestic issues, being made to pay for expenses, etc.), moved out to live with maternal grandparents after graduation in July/August. Both were supposed to go away to college but while enrolled, both dropped out and ultimately came back to their town to live back with their grandparents and go back to the jobs they gave up while in school. Upon returning back, both are employed at the same location and are managers at the establishment, working 40 hours a week. It has recently been established that the grandparents, as they are snowbirds, are going to leave for the winter and leave the home for the soon to be adults. They have to pay for upkeep of the house per their living arrangement. Pay for food, pay for utilities in addition to their own expenses. As it stands like now, their mother doesn't work nor does she really have any intention of it. Her mother bought the house that she lives in for cash and during our pre trial court hearing, she listed child support and SSD from her son as her only income in the household. Realistically, each child brings in more a month than their mother does. My questions involving them are this, wouldn't emanicpation be appropriate for them? They are not living rent free now, they are sustaining themselves without the help of myself and my ex-wife as it would be ridiculous to even illustrate that she is giving them some sort of support when they 'make' more than her. I don't have a problem with helping my daughters financially but that comes with the caveats. They moved out to live with their grandparents and while their grandparents are going to be gone for months, they will be living along, taking care of themselves. Additionally, they both have already dropped out of college and I don't think that I should be on the hook for child support whenever they want to play hopscotch across the line that divides child from adult. From my perspective, they have made adult decisions and their custodial mother has condoned their adults decisions such as leaving school and moving out. Being the non-custodial nearly 80 miles away, I don't see why I should be subjected to their actions now, especially when they have lifelong ramifications to them and I had no hand in making them while they are soon to be adults legally.
The other child is a bit more simplistic in nature to approach. I want to argue a few things. Due to my ex-wife's license being suspended for over two years, I've made every single drive on Friday's and Sunday's to pick up and drop off. I want to argue that child support should reflect that transaction as I have to incur additional amounts of gasoline and also depreciate my car. For example, I've put nearly 10,000 miles on my vehicles, just doing her portion of the drive over the past two years. Moreover, I want to keep this going as the reason that my ex hasn't had her license in over two years stems from driving tickets of speeding becoming driving will suspended tickets took place. Additionally, I want to argue that her parents help out with significant portions of financial matters. Things such as buying beds for the children, purchasing school clothes for the children, paying for furniture, utilities, etc. It ebbs and flows as it is my former mother-in-law that does this primarily behind her husband's back. How have I learned all of this, through phone conversations or Facebook messages with her dad, her sister (part of a larger thing about custody, just worried about this now) or our own kids. They have both, meaning her dad and her sister told me these things in a willing fashion but they tell me in private. I have the phone calls recorded and obviously the Facebook messages saved, but I'd prefer to leave exactly what they said out of this as I would not want to reveal my sources during the course of this as I have much bigger fish to fry down the road. That said, things like my ex-wife not paying for her rent as her mother bought the house cash for my ex-wife and she is not charging her rent so that my ex can 'find' herself, these are things that her father has said and I have the Facebook messages between he and I to prove it. Another thing, she told on the phone in September that she has ~7500~ to pay for something related to her probation and if this isn't paid in time, she will go to jail. During the same call, she told me that she paid $1500 of it. A couple of questions being that. In court, she stated that her only 'income' is child support and SSD from her son. A few days after that, in a text message, which is saved, she asks me to send more money because her utilities (water) was shut off. In court, she lists 1200 as monthly income. So, my questions are, how do you maintain a household of four people on 1200 a month, (300 a week stated in court) and find the financial wiggle room to pay $1500 towards a large debt? Either you are A. misappropriating funds not meant for you for your own benefit. B. Receiving additional assistance as it is be alleged or C. A combination of both. Ultimately, it is not like I want to reduce what our youngest child gets in support but I do want the situation to be accurately reflected, with all of our children.
If anyone can provide some insight, I'm graciously all ears. Thanks.
Hello all, first post here, inquiring about options ahead of me in regards to modification of support. A bit of a doozy but I will break it down.
Three children total. Two are to be 18 before the end of 2017 and the youngest child is pre-teen. I'll start with the soon to be adults.
Mother has custody of all kids. We are set for mediation this month.
Soon to be adults graduated from high school this year and because of internal strife at mother's home, (domestic issues, being made to pay for expenses, etc.), moved out to live with maternal grandparents after graduation in July/August. Both were supposed to go away to college but while enrolled, both dropped out and ultimately came back to their town to live back with their grandparents and go back to the jobs they gave up while in school. Upon returning back, both are employed at the same location and are managers at the establishment, working 40 hours a week. It has recently been established that the grandparents, as they are snowbirds, are going to leave for the winter and leave the home for the soon to be adults. They have to pay for upkeep of the house per their living arrangement. Pay for food, pay for utilities in addition to their own expenses. As it stands like now, their mother doesn't work nor does she really have any intention of it. Her mother bought the house that she lives in for cash and during our pre trial court hearing, she listed child support and SSD from her son as her only income in the household. Realistically, each child brings in more a month than their mother does. My questions involving them are this, wouldn't emanicpation be appropriate for them? They are not living rent free now, they are sustaining themselves without the help of myself and my ex-wife as it would be ridiculous to even illustrate that she is giving them some sort of support when they 'make' more than her. I don't have a problem with helping my daughters financially but that comes with the caveats. They moved out to live with their grandparents and while their grandparents are going to be gone for months, they will be living along, taking care of themselves. Additionally, they both have already dropped out of college and I don't think that I should be on the hook for child support whenever they want to play hopscotch across the line that divides child from adult. From my perspective, they have made adult decisions and their custodial mother has condoned their adults decisions such as leaving school and moving out. Being the non-custodial nearly 80 miles away, I don't see why I should be subjected to their actions now, especially when they have lifelong ramifications to them and I had no hand in making them while they are soon to be adults legally.
The other child is a bit more simplistic in nature to approach. I want to argue a few things. Due to my ex-wife's license being suspended for over two years, I've made every single drive on Friday's and Sunday's to pick up and drop off. I want to argue that child support should reflect that transaction as I have to incur additional amounts of gasoline and also depreciate my car. For example, I've put nearly 10,000 miles on my vehicles, just doing her portion of the drive over the past two years. Moreover, I want to keep this going as the reason that my ex hasn't had her license in over two years stems from driving tickets of speeding becoming driving will suspended tickets took place. Additionally, I want to argue that her parents help out with significant portions of financial matters. Things such as buying beds for the children, purchasing school clothes for the children, paying for furniture, utilities, etc. It ebbs and flows as it is my former mother-in-law that does this primarily behind her husband's back. How have I learned all of this, through phone conversations or Facebook messages with her dad, her sister (part of a larger thing about custody, just worried about this now) or our own kids. They have both, meaning her dad and her sister told me these things in a willing fashion but they tell me in private. I have the phone calls recorded and obviously the Facebook messages saved, but I'd prefer to leave exactly what they said out of this as I would not want to reveal my sources during the course of this as I have much bigger fish to fry down the road. That said, things like my ex-wife not paying for her rent as her mother bought the house cash for my ex-wife and she is not charging her rent so that my ex can 'find' herself, these are things that her father has said and I have the Facebook messages between he and I to prove it. Another thing, she told on the phone in September that she has ~7500~ to pay for something related to her probation and if this isn't paid in time, she will go to jail. During the same call, she told me that she paid $1500 of it. A couple of questions being that. In court, she stated that her only 'income' is child support and SSD from her son. A few days after that, in a text message, which is saved, she asks me to send more money because her utilities (water) was shut off. In court, she lists 1200 as monthly income. So, my questions are, how do you maintain a household of four people on 1200 a month, (300 a week stated in court) and find the financial wiggle room to pay $1500 towards a large debt? Either you are A. misappropriating funds not meant for you for your own benefit. B. Receiving additional assistance as it is be alleged or C. A combination of both. Ultimately, it is not like I want to reduce what our youngest child gets in support but I do want the situation to be accurately reflected, with all of our children.
If anyone can provide some insight, I'm graciously all ears. Thanks.
Modification of Support: Two Part Question with Children Soon to 18 and Younger Children
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