Child support - general questions

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

Re: Child support - general questions

Unread postby Trevor » Mon Jan 08, 2018 10:30 pm

dadforever wrote:
Trevor wrote:Nonsense. The payee still has to have a place where the kids live on his/her time, food in the pantry, heating in winter and cooling in summer, school clothes, transportation for the child, and more.

So what? What does that prove? That she can take Dads money and buy these things?
What is Dads remedy when Mom the custodial parent refuses to work? There is your answer as to how much the State cares about Moms financial responsibility.

1. The "so what" is patently obvious; I don't have time to scrape the sleep from your eyes. Having a child in your home is not cost-free, even if supplemented by other parent. It does not mean the residential parent doesn't incur out-of-pocket costs.

2. Dad's remedy is filing initially (or as a modification, depending on circumstances) to calculate CS with imputed wages. It happens every day.

The stink of your your victim mentality is too noticeable.
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Re: Child support - general questions

Unread postby dad2grls » Mon Jan 08, 2018 11:12 pm

I think that both of you can be right depending on the circumstances.

If the father earns a high income, as do I, the courts really don't care if the mother works because there's plenty to go around. My exwife remained voluntarily unemployed during the entire divorce even though she's a licensed nurse and the court didn't impute her anything when it came to spousal support although it's "supposed to".

As far as child support goes, in most states it's calculated as a percentage of the noncustodial parent's income and that amount will not change, regardless of what the custodial parent earns, if anything. Imputing income to a nonworking exspouse will not have any affect on what the noncustodial parent pays, at least in my state and certainly not in any state where CS is a percentage of the payors income.
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Re: Child support - general questions

Unread postby LovingDadof2 » Tue Jan 09, 2018 9:51 am

dad2grls wrote:Imputing income to a nonworking exspouse will not have any affect on what the noncustodial parent pays, at least in my state and certainly not in any state where CS is a percentage of the payors income.
It certainly does in 40 "income shares" States:

http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx

where both parents income are factored into the CS calculations.
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Re: Child support - general questions

Unread postby dadforever » Tue Jan 09, 2018 9:58 am

So Dad doesn't pay (or can't pay)= throw him in jail.

Mom doesn't pay because she refuses to work= the court <may> impute her income (but not require her to get a job and actually pay anything)

And somehow this is fair? That child support may go down by a few bucks, and the kids actually get LESS financial support, and Mom pays nothing with no recourse for Dad.

Calling that fair is LOL
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Re: Child support - general questions

Unread postby afc » Tue Jan 09, 2018 10:05 am

You all realize that this is a general discussion you are having now? It's a rhetorical one that has nothing to do with what the OP asked. His question was answered a couple of pages back. And he at no time indicated that his ex is un or under employed or not providing her share for the kid. So you are just arguing to argue now.
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Re: Child support - general questions

Unread postby Trevor » Tue Jan 09, 2018 11:14 am

Victim3
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Re: Child support - general questions

Unread postby LovingDadof2 » Tue Jan 09, 2018 11:20 am

I did. I only added the income shares information for future readers of this thread.
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Re: Child support - general questions

Unread postby nr552 » Tue Jan 09, 2018 11:55 am

thread lock in 3...2....
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Re: Child support - general questions

Unread postby dad2grls » Tue Jan 09, 2018 11:55 am

LovingDadof2 wrote:
dad2grls wrote:Imputing income to a nonworking exspouse will not have any affect on what the noncustodial parent pays, at least in my state and certainly not in any state where CS is a percentage of the payors income.
It certainly does in 40 "income shares" States:

http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx

where both parents income are factored into the CS calculations.


I find these formulas for "income shares" rather confusing and misleading.

For example, I live in NY which is listed in the link you provided as an "income shares" state, however during my divorce CS was calculated as a percentage of my income 17% for one child 23% for 2, and I've seen this done countless times in case law I have read. This calculation does not consider the custodial parents income at all. In fact if you go to any NY attorney website they explain CS in exactly the same way.
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Re: Child support - general questions

Unread postby Tom Kirkpatrick » Tue Jan 09, 2018 1:47 pm

Start a new thread, Gentlemen.

OP is in Texas. Ex wife's wages makes no difference here.

Texas is not an income shares state. It doesn't matter how much or how little she makes; or for that matter, how much she should be imputed.

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