11/13/09, 10:49 am

Question

my husband pays child support/spousal maintenance to his ex. There is a court order for overpayment of child suport/spousal maintenance/unre-imbursed medical. And we now have a baby of our own together.

First question is can the money that his ex owes back to him be applied toward future child support/spousal maintenance? She will never pay it back to him. She chooses not to work and is fully capable.

Second question

Is the the proper way to figure the two worksheets when he takes his ex back to court? Or do I need a court order in order for the figures to be granted?

I have done the support calculator for him and myself. I put in my income and his income. I have custody of my son from another marriage, so I get a credit for "support of other children". I included his new obligation amount to his other child based on the results of what our obligations are. I have also included education expenses for our baby's future. I have done everything required on the worksheet. His obligation to our baby is higher than his obligation to his other child. But it is not a court order.

I re-did the worksheet for him and his ex. She will not work. But is capale. So I filled in her income based at the minimum wage. It actually lowers his obligation to his other child by 15%. Their original amount was never done based on the child support worksheet, they just agreed on an amount.


Answers

#1 - Although it would be difficult to apply the overpaymen
The general information about calculating child support is
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