- April 24, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Background of the Situation
#### Overview of the Divorce and Mental Health Diagnosis
My husband’s ex-wife and him officially divorced almost 5 years ago, around March 2019. They separated around September of the previous year, as they had to wait 6 months before the divorce was finalized in their state. In December 2018, his ex-wife was institutionalized for having thoughts of suicide and went voluntarily. She was diagnosed with bipolar 2 during this time.
#### Patterns of Erratic Behavior
Since her diagnosis, her behavior has been erratic. Upon learning about my husband and my engagement, she threatened child support in November 2021. It is important to note that there was never a court order on either side to pay child support.
## Current Co-Parenting Situation
#### Proposed Changes to Co-Parenting Schedule
Recently, she has expressed a desire to rearrange the co-parenting schedule, which is currently at 50/50 custody. Additionally, my husband has been caring for an older stepchild from her side, also at 50/50 custody, out of kindness since the divorce. This stepchild’s father is not involved, resides in another state, and pays child support to the mother.
#### Claims for Child Support
She now claims that she never asked for child support initially due to being on heavy antipsychotic medication and not thinking clearly. She argues that she deserves child support now, despite the past arrangement. Furthermore, she has made statements suggesting that my husband promised to always take care of her, which is causing confusion and stress in the current dynamic.
#### Financial Details
My husband’s ex-wife has mentioned plans to secure a new job that pays between $60 to $100 per hour, while my husband makes $67 per hour. It is worth noting that she currently has insurance for the children, even though they also have Medicaid coverage.
## Impact and Potential Legal Recourse
Considering the circumstances described, there are concerns about the possibility of the court granting her child support after 5 years of shared custody. Given that she may not necessarily require the financial support, her motives for pursuing this course of action seem questionable. The situation raises uncertainties about the legal implications and potential resolutions.
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Support can always be modified. It’s not meant to be a static amount in place forever.
It’s helpful to keep in mind that child support is just math. It doesn’t matter why they divorced or that she has mental health struggles.
[here](https://supremecourt.nebraska.gov/self-help/families-children/child-support) is the calculator. You can get an idea of what the court would order. Yes the court still orders support with 50/50 custody if one parent earns more than the other.
It depends . My lawyer said she had clients that had 50/50 and still had to pay child support.
That’s quite the range — $60 to $100/hr. But if your husband’s making $67/hr, I don’t think I’d worry much.
I believe Nebraska uses the 1.5x cross-credit method. Worst case scenario there is she makes $60/hr, which in Nebraska would only be a small child support payment made by your husband relative to what he’d pay if she had full custody.
If the incomes are the same, the child support would zero out (before adjustments for things like health insurance)
If her pay exceeds his, she owes him at 50/50. If she makes the middle of that range ($80/hr), she owes him.
FYI — even if she makes the top end of $100/hr, she’s not paying a massive amount relative to her income. She’d likely get at least a 75% reduction vs. what she’d pay as an absent parent.
But bottom line, as long as it’s 50/50 and she makes more than him, she’s (rebuttably) the presumptive obligor.
Yes the courts can grant her CS.
And I highly doubt she’s making anywhere near that, was just a flex.
Both are kinda stupid imo bc a CS order should have been done long ago.