I am not saying this to be harsh but it sounds like you want you cake and eat it to.

I disagree GSCH....I don't get that at all about her post....sounds to me it's just a typical case of a dead beat parent trying to get out of paying child support...I would strongly suggest you either contact the courts or a lawyer to see where you stand with this situation...if he is obligated and has been ordered to pay he should pay...and as for him living back with the woman he was ordered to pay child support....that sounds rather fishy...I'd look into it. Good luck.

I disagree GSCH....I don't get that at all about her post....sounds to me it's just a typical case of a dead beat parent trying to get out of paying child support...I would strongly suggest you either contact the courts or a lawyer to see where you stand with this situation...if he is obligated and has been ordered to pay he should pay...and as for him living back with the woman he was ordered to pay child support....that sounds rather fishy...I'd look into it. Good luck.

He's paying you support. He's supporting his other kid. He's asked the court to consider his kids income from all sources and consider he has X number of kids when setting his support. The judge is doing research on the issue in order to make a reasonable decision.

I'm confused. Can you explain better where the "scam" is?

I'm in the middle on this one as far as the opinion goes.

I have had friends that reconciled after years of separation and the father still paid CS to the mother although they were living in the same household. Here in TX, the decrees specifically state tht the CS obligation ends if the parties remarry, not if they move back in together. The bottom line is, you don't know what the girl does with the CS she receives from the father. She can also just as easily move back out or (rightfully) refuse to let him share in any part of the CS money, because it is CHILD support and it belongs to her child. At least that way she is protecting the interest of her child, in case they break up again.

Now, please don't get me wrong, I have no reason to stand up for the other woman, and I really don't know any details about the situation (although the term "mistress" gives me a good idea...) I just want to remind everybody that there is more than one viewpoint to this situation and CS is for the kids, not the parents.

It is sad that the father doesn't want to help out with the kids, but he probably thinks the disability checks should cover most of the expenses. Most guys just don't realize what it really takes to properly raise a child, especially a disabled one.

Anyway, the bottom line is that the court will figure out what he is obligated to pay. Again, here in TX when they file for modification, the CS payor has to file a statement of income, all CS obligations, and how many additional biological kids are in the household for whom no CS is ordered. If CA is similar, then he will have to lay it all out anyway, and you or your lawyer can point it out to the court, if he doesn't. I think it is a good sign that the judge didn't make a decision until he researched it. Most of the time, the law has the best interest of the child in mind, so my guess would be that if there is a law, then it would be in favor of receiving disability and CS. Your lawyer might already know the answer. Have you talked to him/her about it?

I think in the end, the moms and dads end up fighting over CS money because that is the only way we have left to hurt each other.
I'm sorry that you are upset about this. Hang in there, I hope that this can be resolved with a good compromise for all of you, especially the kids.
TX

Thankx, everyone for your replies. I was hoping that someone had gone thru a similiar situation.
I was warned ahead a time that they had been plotting to use this "tactic" (I used the word scam) in order to help support our kids as little as possible.
My stbx is trying to keep his mistress in the life style that she is accustom to. Which includes, luxury cars, diamond ring, vacations to the Bahamas...........oh and cake. Damnit! And she gets to eat it too.
My kids have had no support for over two years, so we have been struggling but making ends meet.
Me and the kids would LOVE to have some cake and eat it too. Hey, don't HIDE it DIVIDE it. That's my motto. LOL!
But,serious thankx everyone for the feedback. It will be settled in court I just wanted a heads up. Tgc.

I think you are handling the situation well. Tthe judge is working for you investigating your husband's claim that his child support payments should be reduced by your children's disability income. You can bring to the court's attention that your husband is living with a woman to whom he pays child support (can you provide evidence in case he denies it?)

I understand how anxious you must feel about the possible outcome. When is your court date now?

In the meantime, do a Google search on: california child support.

Ginda, I go back to court in another few weeks. Let you know how it goes. tgc.

I agree with you GSCH. I think she wants her cake and eat it to. The only way another lady can claim child on a child for him to pay if the child is his or if its not his he is taking the role to take care of the child and wanting to be responsible for that he can get his wages garnished.

He will still have to support his kids no matter if he lives with his girlfriend or not. It's a court order.

I have taught many on how to get their payments reduced but I also teach moms how to look for loop holes in the system. I wish you the best as I too am a parent and now how expensive they can be.
www.childsupportscam.com

Okay, we went back to court. The judge did not let him make deductions from our two children because he was paying cs for kids that he got his mistress pregnant with.
The judge says that if he wants to reduce cs payments so badly why hadn't he done so over a year ago with the first woman (his mistress) with whom he was paying cs too? My husband tried to lie (YET AGAIN) by now saying he "only lives with his his mistress sometimes"
He was able to claim "hardship" for his and her kids (which I have no problem with because his stupid-ass SHOULD help take care of these kids), but he was not allowed to make deductions from our children based on the amount he was "Paying" in child support to his mistress. The judge said that AFTER he had done that he could come back and file to lower his cs with our children.
I a sooooooooo fucking happy it aint even funny. It was crazy in court because my lawyer actually used the exact same word I did on my post. He told the judge, "This is such an obvios SCAM because he is co-habiting in the same household with his "partner" and the money is going right back into the household." Where is my client and their children have been without support what-so-ever."
My stbx also lost on two other things he tried. In the end, every single lie he told came back to smack him right dab in the face.

Yaye! Another deadbeat bites the dust.

Sorry I don't know much about the disability payments, but I do know most states look at this from equal perspectives. He is trying to avoid paying her support by going back which I'm sure you know, which does cut down on his support payments. The only thing you can do is persist, if you need more money, I would go back to school and get a job for yourself if you haven't done so, he will be forced to pay for daycare which is the case with both of my exes. The states reduce payments for him based on his income and yours. If she is working that doesn't reduce his payments for your children but if he pays support to her, that would increase his payments but might reduce yours if combined payments would be above 50 percent of his gross, at least that's how it is in PA, and I believe most states have similiar guidelines.

I agree with child support scam, the system is the problem there are dead beat dads who want to have kids and not pay support and there are women who abuse the system like my ex who take out PFAs to keep their father's from seeing their children yet demand support. The system really needs overhauled. I don't know how many problems I've had with DR. There was a big stink here in PA where DR got some guys name wrong and through him in prison because he wouldn't pay support for some woman's child that wasn't his. They had the wrong guy, he lost a job, went to prison, and DR blamed him for not coming forward when they made the mistake, they wanted him to waste his time for their mistake. Sure women deserve support and men need to pay, but the system is fouled up and it's too easy to abuse the system.

Generally the disability payments should come from SSD and dispersed from the fed to the state level. Your state government receives this money and adjusts it according to your states child support formula. The shortfall, if any, should come from the parents.
At least here in Michigan, both parents are supposed to contribute to half of the kids support. No matter how painful it is, try to keep the kids out of the middle. That responsibility falls to both parents. Best of luck....