Thursday, January 21, 2010

How hard is it to plead to a judge that the custodial parent is getting help financially from her parents?

My husband is trying to get his fatherly rights in Florida for shared parental rights on his 4 year old daughter. We obtained her bank statements for 1 year. All it states is that she gets paid on a regular basic. She pays for cable/internet, electric, child care, gym membership and a ton of fast food places. She doesn't pay for rent, cell phone, home phone, storage unit, food, car insurance and etc. When we go to the judge and state that she doesn't need an increase in child support b/c her parents financially support her and her family. How would this look on her and my husband?How hard is it to plead to a judge that the custodial parent is getting help financially from her parents?
You are probably arguing against your own best interests. If she received more child support, she wouldn't need help from her parents to pay for basics like rent and food.

In most states, the courts will look at what each parent earns or receives in mandated support (from other exes, etc.) and then subtracts out basic living expenses, even though a parent or friend may be voluntarily assisting with the bills.

The court then compares the two incomes and the percentage of custody each parent has in order to figure out which person should pay the other for child support.

So even where the physical custody is 50/50, one parent may end up paying the other child support.

Bottom line is, her parents help is not really a factor.

Consult with a Florida family lawyer for help with this to get it done right.How hard is it to plead to a judge that the custodial parent is getting help financially from her parents?
How did you obtain these bank records? Was it by court order?

If not, you may be liable for a criminal action from this woman if you did this without her permission. Privacy laws prohibit third party access to financial information.

Unless you got the records in a legitimate manner (court order, or the woman's permission), then it might not be wise to show them to a judge.

All that aside, generally child support is based on the income of the non-custodial parent, and the income of the custodial parent is not a factor.
Most likely wont help you a bit. most states calculate child support based solely on a formula consisting of what the two parents make. Whatever assistance she is recieving from her parents makes no more difference than whatever income you contribute to your home. The judge wont care.
The judge is going to want to know how you got the bank statements, and you better hope it was through legal means, or you/hubby will be one under scrutiny.

It doesn't matter/the court doesn't care where she's getting money, as long as it's not from illegal sources. But you can't get your child support reduced on the basis that her parents are helping her. And maybe if she had more money (ie an increase in child support) her parents wouldn't have to help her.
The judge will see that as

';let her parents take care of my responsibilities';
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