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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-11-2016, 10:37 AM
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Default double dipping with child support

Posting for a friend... I'm trying to convince him to sign up as he's got a few interesting 'problems' on the go and I'm in no way capable of answering them...

Regardless he was talking to me this morning and indicated is ex is looking to double dip in child support and wonders if that's allowed or heard of?

He was booted out of the his child's life a few years ago by a cheating ex, and subsequently alienated to his son by the ex. Tried to get custody/etc., but the ex kept claiming physical abuse (although no charges ever filed) and ran out of savings trying to fight it in court. None-the-less he's paid CS through FRO for years now (son is 13).

She ended up remarrying shortly after the separation, and 5 years later, she's booted this next guy and is after CS from him since he's assumed a 'fatherly role' (she had the 13y/o referring to him dad) - which would give her (presumably) CS from two men, for the same child.

He says the 2nd husband contacted him to advise of what's going on and to expect to be drawn into court about it as he (2nd husband) is going to seek 50/50 custody of the child - even though real dad can't seem to get it.

Thoughts that I can pass along?
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Old 08-11-2016, 12:22 PM
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How long has the other guy been in the picture?

Would be karmic is both 'dads' got 50 50 and she got none!
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Old 08-11-2016, 01:00 PM
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I find this odd that this guy who was in this womans life and KNEW she was alienating this child from their father suddenly wants to let the dad know so he can get help getting 50/50 custody of a child that is not his. He should be ashamed of himself.

Your friend should file for custody or at least do whatever he can to get the courts involved to get custody. This is bs that this guy thinks he can take someone elses child.

I wont even get into the double dipping on cs issue. This woman is a bit of a mess.
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Old 08-11-2016, 01:46 PM
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From what I've seen, yes, it is possible and legal for two people to be payors of CS for the same child (e.g. a bio-parent and an in-loco-parentis parent both paying CS to the other bio-parent). The big question is how much each of the paying parents should pay. My head spins when I think of all the different ways in which the CS might be divided - I think that Bio-Dad ought to find himself a lawyer.

If Stepdad is less of a tool than Bio-Mom, and Stepdad gets 50/50, this might be an opportunity for Bio-Dad to reconnect with Kid, once Kid is no longer living with Bio-Mom full time. Also, if Stepdad is a decent person, Bio-Dad might be able to arrange to pay his share of the CS directly to Bio-Dad.

If Bio-Dad has been out of Kid's life for a few years, this is probably not the time to seek full or shared parenting of Kid. Maybe through working with Stepdad, Bio-Dad can rebuild his relationship with Kid.

I wouldn't be too harsh on Stepdad - who knows what he was told about Bio-Dad by Bio-Mom? The fact that he is close enough to Kid to fight for 50/50 seems to speak well of him (unless he's just doing it to avoid paying full CS).
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Old 08-11-2016, 06:28 PM
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I'm interpreting from the chronology of the post that the request for CS from stepdad came first, and the request for 50-50 came in response to it. So who knows if stepdad really wants it or is just bluffing to try to avoid CS.

I recall reading something on here (not case law) where a stepparent was paying a CS that was reduced by the bioparent's contribution. So if Bio paid X in CS and Step's income would lead to a Y payment, Step actually only paid Y-X. So the other bioparent would get a total of Y, but it would be aggregate from both CS sources. I'm not sure how that would work if X was less than Y though. It seems unlikely that a bioparent's CS would be reduced. Wish I could remember which member had that situation.

Strangely (or not, it just shows how I think logically) my 'ideal' CS system would account for this situation perfectly. All three parents put their table CS into a kitty, and take out the money from the kitty in proportion to their access time.

If BioM and BioF and Step all end up sharing the kid equally, then they all pay full CS in, and take out 1/3 each.

If BioF and Step end up with 50-50 and BioM gets nothing, then BioF and Step use half-offset system and BioM pays each of them half his table CS.

I wonder what the kid wants? A 13 year old is old enough to have some input.

I do agree that this would be a good opportunity for the biodad to request access time, as it's clearly a material change in circumstances for the child. He could propose counselling to help with the reunion transition, etc, based on the alienation that took place. That would help him show he's serious and thinking of the child.
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