Support/child care expense

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Re: Support/child care expense

Unread postby needmygirls » Fri Dec 01, 2017 12:38 am

The amount of 491.25 was not paid to my ex.. It was paid to the childcare provider. And then I gave my ex 420 per month.

We no longer need the childcare., so neither of us are paying the childcare provider, although I still pay ex the 420.

The final order was written by my attorney.. If I understood your question.

It doesn't make sense to me how it is written with the childcare in the support calculations. All I know is that I was told when childcare expense is done and over have the support refigured and it would lower my monthly obligation to NJ. How I don't know.
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Re: Support/child care expense

Unread postby Tom Kirkpatrick » Fri Dec 01, 2017 1:04 am

needmygirls wrote:.....I still pay ex the $420.
This is court-ordered child support, right??

Tom
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Re: Support/child care expense

Unread postby needmygirls » Fri Dec 01, 2017 9:59 am

Yes
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Re: Support/child care expense

Unread postby lionel2013 » Fri Dec 01, 2017 11:19 am

Are you telling me that it was all a plan to quit a job, have baby and then have a judge grant her more support and more parenting time, if so I royally F'ed up.


Don't really know if that was a bona-fide plan, impossible to know [although quite likely ... my X had a plan too, which she executed to perfection. Well, for a while, that's a different story]. Tom, whose opinions I respect, seems to think so. But regardless, the point is, plan or no plan, you/your lawyer should fight hard to not let her get away with it. Meaning, your support obligations should not go up because of an intentional, premeditate action of your X, which action, by the way, did nothing to further the best interests of your child. That is the message there.
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Re: Support/child care expense

Unread postby Tom Kirkpatrick » Fri Dec 01, 2017 12:37 pm

needmygirls wrote:We no longer have the daycare expense and I was considering having support recalculated.....my ex wife has quit her job.....How will her not working affect the calculation?.....Would I be making a mistake to have it recalculated.....
1) In terms of child care expense, there appears to be no deviation in your child support order. Such deviation is difficult to get rid of.

2) Now that your youngest child has started school, you are no longer paying for daycare.

3) The remaining question is child support modification, correct??
Keep in mind, child support modification in Oregon can only occur 3 yrs after the last order was written.

needmygirls wrote:.....is there a possibility that I end up paying more since she isn't working?
The answer to your question lies in crunching your numbers in Oregon's child support calculator. Again, you should use a variety of scenarios.

needmygirls wrote:Wouldn't every woman in divorce do this then??
Many women do. Men are known to do this as well.

Here's what you're facing: Your ex seems to think she's entitled to SAH-Motherhood. As a consequence, she's calculating her SAH status will eliminate (or significantly reduce) her child support obligation. Indeed, that would be the case if CS were to be recalculated administratively thru Support Enforcement. The only thing they consider are the parties current wages. They will not impute your ex's wages or earning potential. To impute her wages, you need to go to court. And you should know that going to court is not only expensive, it's a crap shoot.

Back to the original question: OR's 3-yr limit notwithstanding, upon what change in circumstance are you using for CS modification??

needmygirls wrote:.....childcare expense.....could be taken out of the support calculation and.....it would lower my support approximately $100 a month.
In terms of cost vs benefit, I fail to understand the math here. Have you done the calculations??

BTW - In this game, $420/mo child support for 2 children is pocket change. For a paltry $100/mo savings, I suggest you don't poke the gorilla. There are times when it's best to leave "well-enough" alone.

Tom
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Re: Support/child care expense

Unread postby LovingDadof2 » Fri Dec 01, 2017 1:01 pm

Some states (e.g., NJ) will impute income for CS calculations:
http://www.njcourts.gov/attorneys/assets/rules/app9a.pdf

12. Imputing Income to Parents
The fairness of a child support award resulting from the application of these guidelines is dependent on the accurate determination of a parent's net income. If the court finds that either parent is, without just cause, voluntarily underemployed or unemployed, it shall impute income to that parent according to the following priorities...
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Re: Support/child care expense

Unread postby lovingfatherof2 » Fri Dec 01, 2017 1:07 pm

In my state you would just call FOC and tell them that the kid/s are no longer in daycare. They would then recalculate the support with the child care removed and then send the new calc to the ex, she would have 28 days to contest it.

If she contests it then it goes to court. If she argues in court that she is now unemployed and wants the whole shebang redone based on her zero income you just ask the judge to impute her previous wages since she voluntarily quite her job.

All this can be done without a lawyer here. Its just a numbers game.
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Re: Support/child care expense

Unread postby needmygirls » Fri Dec 01, 2017 1:40 pm

Thank you all for the replies. I understand 420 is a drop in the bucket for support. I think I may leave things alone. I don't want to go to court on a contested modification and end up on the wrong end. I will also keep my guard up for a potential SAHM scenario.
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