child support while living under same roof

[AnarX]

My wife and I are still living under the same roof. We have kids and we share the parenting. I am the sole income earner. I am paying all of the bills and mortgage payments. We have no separation agreement yet.

When does my obligation to pay her child support start? now or when we physically live apart? does that even matter?



My thought is that my obligation is limited to and no more than the Child Support tables amount that would be calculated for a separated couple with a 50/50 time share with the children. does that make sense? [ By the way, I am paying her double that amount every month now as I have been since our separation date. ] If so, is any amount of money I pay above that table amount go down the drain until we sign a separation agreement? or can I ask for compensation in our future settlement?

[blinkandimgone]

You wouldn't be paying her child support now if you are the one solely supporting the children (financially) as you've indicated you are.

[AnarX]

While we were un-separated, I was just giving her half of my income. It started out as an unwritten agreement that she would do the groceries and pay part of the utility bills. Of course that never happened. I ended up paying for everything and supplementing the grocery money. She spent her money on whatever she wanted. This continued for a few more months until she told me her plans to were to leave me anyway. I have continued to pay her the same amount of money all of this time hoping to minimize any animosity.

So, am I wasting money by giving her anything until we are living apart or until we agree on terms of separation? I am not worried about any more animosity from her. I am just wondering if I have a legal obligation to give her money after our separation date and before we agree on the terms.

[blinkandimgone]

Spousal and child support perhaps after you are living apart but given that you are currently already supporting her and the children financially and she is not contributing anything, I can't see any reason why you'd be legally obligated to giver her any additional monies right now. Yes, you are wasting your money by giving her anything right now, it won't count towards anything. She can't come after you later for retroactive support since you're already supporting her. My concern would be that you're setting precedent by giving her money now that she'll continue to expect when you live apart.

If she's not working and there is nothing keeping her from working then she should get a job and be contributing to supporting the children and herself.

[AnarX]

Thank you!

[ruby]

Im also still living at home.I pay for groceries and childrens neccesities I have two full time jobs. He has been self employed for 8 yearsd and makes squat. So because Iam working to survive also putting my daughter through university.He is paying 150000 reno he decided to do on our home.I choose to leave the marriage but am still residing in the home.what angers me is that he has been verycapable of working - an ex executive, MBA. I feel like I will have to pay child support? what will I live off of.

[ruby]

has anyone gone through counselling through the courts? Is there such a thing?
I really wanted my soon to be ex to seek counselling for himself also so he can see the dammage that he is doing to our teenage children. by using them as his allies.and confidants.

[billiechic]

Yes, you are wasting your money by giving her anything right now, it won't count towards anything. She can't come after you later for retroactive support since you're already supporting her. My concern would be that you're setting precedent by giving her money now that she'll continue to expect when you live apart.

Anything you pay before an agreement is reached must be agreed upon by both parties that is was paid. You are double paying, and on top of it you have no agreement to say that you've paid her. You might have a hard time changing it now though, she's likely to march straight to court once the cash stops coming in.

[AnarX]

You might have a hard time changing it now though, she's likely to march straight to court once the cash stops coming in.

That does not sound fair.
What could she demand of the court? On what legal basis would a court evaluate her entitlements?

[dadtotheend]

what angers me is that he has been verycapable of working - an ex executive, MBA. I feel like I will have to pay child support? what will I live off of.

Ask all the bitter po'ed fathers out there who complain about how CS leaves them with nothing. The answer will be nothing. And don't forget SS.