Determining Child Support ASAP

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Determining Child Support ASAP

Unread postby 2Dadwipp » Fri Mar 17, 2017 3:42 pm

I have question regarding child support and getting a determination as soon as possible. I filed the petition for custody on January 17th with little or no idea of what was to lie ahead because I had no clue on how the court process worked or what I was supposed to do. Neither my ex or I knew that this would have nothing to do with determining Child Support until we were told that at the mediation hearing. This is probably why my ex hired a lawyer the very next day. She did not have one at the mediation hearing.

Anyway, I want to get a determination of Child Support as soon as possible and don't know how to do that? The reason why, is that I am currently giving my ex too much money which I agreed to until June. She thinks she will get just as much if not more when determined, I have a very accurate number on what I will be paying after consulting with my lawyer based on our current incomes. But I am about to take a new job that will pay significantly more money after 6 months but still more than 20K more than my current salary. I would like use my current income if possible and make the ex have to seek a modification of child support to change it.

Is this a realistic expectation that if I can Determination made sooner based on my current income, I can delay payments based on the higher income? How do commissions payments factor in or hopefully not when they are not part of the base salary and fluctuate monthly?

In general fellas, How do I keep as much of my money as possible when my annual income won't be known until the end of the year? Or am I required to proactively disclose exactly what I make at all times?
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Re: Determining Child Support ASAP

Unread postby americandadof5 » Fri Mar 17, 2017 4:43 pm

PA uses the income shares model so itll be based on both of your incomes using your paystubs and tax returns. Child support will be based on the guidelines for your state.

Has a child support case been opened by either of you?

If it is, I would move to have the cases consolidated if possible. Its true that both can be determined independent of each other, in your case, you very much want them to be dependent of each other as the number of overnights actually exercised will keep your obligation down. If you excercise 40% or more of the year with your children, you will be entitled to a reduction from the normal guidelines.

There should be no need for you to pay her anything right now if you two are still living together. Its only when you separate and she is covering her own and the childrens living expenses should you be contributing to help her cover the costs.

I havent looked that far into your states laws on child support but in general, if you make more, you could very well have to pay out more.

What youre wanting is to rush a support order before youve established time sharing based on your current income. But guess what, when you do get your time sharing, and if you want that obligation to reflect it, be expected to show your then income
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Re: Determining Child Support ASAP

Unread postby BartSimpson » Fri Mar 17, 2017 4:52 pm

Any agreement between you and your wife is not enforceable - that you agreed to pay her a certain amount before does not obligate you another minute to pay her anything.

Nor can your refusal to give her money (having paid the household expenses directly) be used against you in any way - do not worry about what things might *look* like to a Judge; it doesn't matter.
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Re: Determining Child Support ASAP

Unread postby 2Dadwipp » Fri Mar 17, 2017 5:06 pm

I haven't opened one and if she has, I haven't been made aware yet. I would have definitely thought she would have by now. I was paying half of the rent for the townhouse rented in both our names and child care for one of my children which I have always paid and the electric bill when I was living in away from home, I just got back into the home and assume I will resume paying all the rent until the lease is up or we both move out.

Can you give some ideas on how the initial support payments will be determined. And how modifications happen I understand how its calculated, but my income now is much less than it will be in 3 months and will increase each quarter until the end of the year. Assuming I end up with a shared custody arrangement with enough overnights for a reduction is not my main concern but understanding what I can expect when my annual income will be determined by how much commissions I earn and can range anywhere from 70k to 130K. The only income guaranteed is the base salary of 45K

Can anyone enlighten me in this area or give me the resources to understand this more clearly.
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Re: Determining Child Support ASAP

Unread postby BartSimpson » Fri Mar 17, 2017 5:18 pm

If you live together, why does there need to be a support order - do you understand the distance between you and settling your divorce?

What do you call it when you put the cart ahead of the horse?
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Re: Determining Child Support ASAP

Unread postby americandadof5 » Fri Mar 17, 2017 5:33 pm

remember hes not married
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Re: Determining Child Support ASAP

Unread postby BartSimpson » Fri Mar 17, 2017 5:43 pm

Damn. I didn't.

They say the memory is the second thing to go.
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Re: Determining Child Support ASAP

Unread postby americandadof5 » Fri Mar 17, 2017 9:28 pm

2Dadwipp wrote:I haven't opened one and if she has, I haven't been made aware yet. I would have definitely thought she would have by now. I was paying half of the rent for the townhouse rented in both our names and child care for one of my children which I have always paid and the electric bill when I was living in away from home, I just got back into the home and assume I will resume paying all the rent until the lease is up or we both move out.

Can you give some ideas on how the initial support payments will be determined. And how modifications happen I understand how its calculated, but my income now is much less than it will be in 3 months and will increase each quarter until the end of the year. Assuming I end up with a shared custody arrangement with enough overnights for a reduction is not my main concern but understanding what I can expect when my annual income will be determined by how much commissions I earn and can range anywhere from 70k to 130K. The only income guaranteed is the base salary of 45K

Can anyone enlighten me in this area or give me the resources to understand this more clearly.


Ok so here how it should go under the basic income shares model.

Parent A, makes 3000 a month
Parent B, makes 2000 a month

Thats total income of $5000 a month. Parent A's portion is 66% and Parent B is 34%.

Whoever has the children more, if not a 50/50 split usually becomes the obligee unless theres a huge gap in pay. Lets say Parent A is the obliger, and Parent B is the obligee.
So of that 5000 a month, $1369 gets allocated to support for two children. Of that $1369, Parent A must contribute $904 monthly to Parent B. Parent B technically is responsible for the remaining portion but is presumed to do so thru direct support to the children.

Once again, this is a basic model. This does not take into consideration, credits that are available to paying parents. Credits usually include those for substantial time sharing, in PA, its 40% or more. Theres also credits for insurance premiums paid for yourself and children if it reduces your income by a certain percentage (in FL it has to be more than 5% or at the least $50 a month). Tax credits can also be built into it but the wording must be fine tuned.
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Re: Determining Child Support ASAP

Unread postby 2Dadwipp » Fri Mar 17, 2017 9:42 pm

Yes, not married. How often and how does it get modified when ever my income improves?
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Re: Determining Child Support ASAP

Unread postby americandadof5 » Fri Mar 17, 2017 10:07 pm

2Dadwipp wrote:Yes, not married. How often and how does it get modified when ever my income improves?



it depends on your state. I havent dug that deep into it. But in some, once an order is established, it can be reviewed as a matter of right every few years. Otherwise modifications can be based on a change of circumstance of the parties since the last judgement. That can mean different things in various states too. The premise though is that if you make more, your child has a right to benefit from it aswell.

You make say that x amount is more than enough, no matter how much more you make, but the state doesnt view it that way
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