Anybody here win a claim for undue hardship? My ex is taking me to court for an extra $400/month that I can't afford.
I make ~$50k/year, no partner. Two kids, two baby mama's. One 12 y.o., I parent 40% and pay $200 CS.
The other is the issue at hand, 5 y.o., I parent 30% and pay $300. We live ten hours apart, I pick her up and she is with me for a week, then her mom comes and picks her up. I home school when she is with me. The travel costs about $300/month. We agreed on reduced cs amount when I agreed to the move a year ago, and I supply all clothes etc in my home. Now she wants full amount, plus $250/month day care and school costs.
All in, it would be about $1000/month, $12k/year, including the travel. That is almost a third of my income after taxes, and that's before I've started parenting either of my kids. Is that reasonable?? My rent is another third. And my car is on it's last legs, and with winter coming, ten hours on the road is a serious consideration, so I really need to purchase a new one.
I know CS and expenses are pretty standard stuff, but how likely is it a judge would grant undue hardship with my income? What would I have to prove to get this? The two criteria as I see it are obligations to support another child and high access costs.
It's kind of dangerous to our child if I can't afford a good vehicle because of so much money going out, while I am also parenting 30%. I don't want to come across as cheap or whiny, I know this is tough road, just trying to be able to take care of my family, and feeling pretty undermined.
Thanks
I make ~$50k/year, no partner. Two kids, two baby mama's. One 12 y.o., I parent 40% and pay $200 CS.
The other is the issue at hand, 5 y.o., I parent 30% and pay $300. We live ten hours apart, I pick her up and she is with me for a week, then her mom comes and picks her up. I home school when she is with me. The travel costs about $300/month. We agreed on reduced cs amount when I agreed to the move a year ago, and I supply all clothes etc in my home. Now she wants full amount, plus $250/month day care and school costs.
All in, it would be about $1000/month, $12k/year, including the travel. That is almost a third of my income after taxes, and that's before I've started parenting either of my kids. Is that reasonable?? My rent is another third. And my car is on it's last legs, and with winter coming, ten hours on the road is a serious consideration, so I really need to purchase a new one.
I know CS and expenses are pretty standard stuff, but how likely is it a judge would grant undue hardship with my income? What would I have to prove to get this? The two criteria as I see it are obligations to support another child and high access costs.
It's kind of dangerous to our child if I can't afford a good vehicle because of so much money going out, while I am also parenting 30%. I don't want to come across as cheap or whiny, I know this is tough road, just trying to be able to take care of my family, and feeling pretty undermined.
Thanks
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