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  • Can you help me know what to expect?

    Hi all, Thank you in advance for taking a look at my post.

    So a little back story. My ex (almost) wife and I were married 6 years ago and had a daughter. We then split up and I moved out 5 years ago. Last year it got to the point where we finally did the legal thing and ended the marriage. (Yes I know we should have done it sooner, but chalk that up to being stupid.)

    Anyway next week we go to court for the child support portion of this endless process. I do not have a lawyer anymore, because he stopped returning calls/emails and the like so we parted ways. But I digress, in the past few years my ex has had two kids with another guy whom she is now engaged. We have done the custody part, I get every other weekend from friday evening to monday when I take her to school, plus tuesday and thursday from when I get off work to when I drop her at school the next day. So its a pretty decent split and works relatively well for our schedules.

    Currently I make only about 8k more than she does, but she has the other two kids so I guess that factors in....though in my opinion it should not. I am just really nervous about going into court and getting some ridiculous figure for support. Additionally I know in the next few years my income will increase by a lot if I keep on the course I am on with my career. How much does future earning figure into this?

    So basically does anyone have any advice for me or can help me know what to expect? Please let me know if you need more information about my situation and I can provide that ASAP.

    Again, thank you all for your help.

    -Dan

  • #2
    re: Can you help me know what to expect?

    I wish to inform you that the court will consider the financial earnings of both the parents in making a decision as to the amount of child support to be paid. The child support amount may be estimated by the child support calculator online. The number of children of the other parent will be considered while estimating the child support to be paid by that parent. In the future if there is substantial increase in your income then a petition may be filed for modification of child support. The court always considers the best interests of the child. The court will consider all the facts and decide the matter.

    AFF

    Comment


    • #3
      re: Can you help me know what to expect?

      Periodically, support orders can be brought up for review and based on new incomes. Generally there is a formula for your state. You need to know what it is before going in, so you do not get into a rail-road situation, which happens from time to time. Where are you?
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

      Comment


      • #4
        Re: Can you help me know what to expect?

        Originally posted by notanerd View Post
        Hi all, Thank you in advance for taking a look at my post.

        So a little back story. My ex (almost) wife and I were married 6 years ago and had a daughter. We then split up and I moved out 5 years ago. Last year it got to the point where we finally did the legal thing and ended the marriage. (Yes I know we should have done it sooner, but chalk that up to being stupid.)

        Anyway next week we go to court for the child support portion of this endless process. I do not have a lawyer anymore, because he stopped returning calls/emails and the like so we parted ways. But I digress, in the past few years my ex has had two kids with another guy whom she is now engaged. We have done the custody part, I get every other weekend from friday evening to monday when I take her to school, plus tuesday and thursday from when I get off work to when I drop her at school the next day. So its a pretty decent split and works relatively well for our schedules.

        Currently I make only about 8k more than she does, but she has the other two kids so I guess that factors in....though in my opinion it should not. I am just really nervous about going into court and getting some ridiculous figure for support. Additionally I know in the next few years my income will increase by a lot if I keep on the course I am on with my career. How much does future earning figure into this?

        So basically does anyone have any advice for me or can help me know what to expect? Please let me know if you need more information about my situation and I can provide that ASAP.

        Again, thank you all for your help.

        -Dan
        What state are you in? They can not use your future (possible) earnings right now. They should take in to consideration how much time you have the child (which sounds ALMOST even).

        Comment


        • #5
          Re: Can you help me know what to expect?

          Depending on the state, they may or may not consider:
          Her income
          Additional children (both parties)
          Time spent parenting

          Some states consider all of the above. Some, like Texas, take a flat percentage adjusted only for payors additional children.

          An online calculator can give you an estimate.

          Comment


          • #6
            Re: Can you help me know what to expect?

            You guys are awesome. Thank you for the replies. I am in California, sorry that I forgot to state that.

            Also I have used the calculators for California, but in the check boxes for time spent with each parent they didn't have anything that was accurate to my situation. The closest one was for 1 week day night and every other weekend (3 day weekend). Which they stated to be 36%.

            Comment


            • #7
              Re: Can you help me know what to expect?

              Originally posted by AFFA View Post
              I wish to inform you that the court will consider the financial earnings of both the parents in making a decision as to the amount of child support to be paid. The child support amount may be estimated by the child support calculator online. The number of children of the other parent will be considered while estimating the child support to be paid by that parent. In the future if there is substantial increase in your income then a petition may be filed for modification of child support. The court always considers the best interests of the child. The court will consider all the facts and decide the matter.

              AFF
              Thank you, and just to be sure you said that the other children of the payor will come into play?

              In my case, I am the one who makes more money and I do not have any other children. She makes a bit less than me and has two additional children that she had after we split up.

              Oh and also, does the calculator take into account who should get the tax deduction for our child? Also is there any adjustments for who carries the health insurance?

              Comment


              • #8
                Re: Can you help me know what to expect?

                It can usually be negotiated that the child deduction be shared in different manners. In your situation, I suggest you request even or odd years be given to you. Make sure the order specifies she is to issue a form 8332 for your ability to claim the child in your years.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Re: Can you help me know what to expect?

                  Originally posted by notanerd View Post
                  Thank you, and just to be sure you said that the other children of the payor will come into play?

                  In my case, I am the one who makes more money and I do not have any other children. She makes a bit less than me and has two additional children that she had after we split up.

                  Oh and also, does the calculator take into account who should get the tax deduction for our child? Also is there any adjustments for who carries the health insurance?
                  The tax deduction usually goes to whoever has the child more than 6 months of the year. Some states do consider what you pay for health insurance. Did you use a calculator that was on the actual CS website? They are usually the best ones...

                  Comment


                  • #10
                    Re: Can you help me know what to expect?

                    Go to this website, Calculate Child Support click on Go to calculator, it actually has where you can put in how many days a month you have child

                    Comment


                    • #11
                      Re: Can you help me know what to expect?

                      Thanks all. I did use the calculators on the website. And have a ballpark of what to expect. The problem with the calculators is that I was unsure about some of the values. For instance since I have my daughter on tuesday and thursday from when I get off work (around 6) to when I take her to school in the morning and then on alternating weekends from Friday at about 6 until monday when I take her to school. Additionally we split the days on holidays as well. So as far as what to put it was a bit difficult.

                      Does california for instance use health insurance as a factor when determining support? Also If I am carrying the health insurance plus paying support even though she has our daughter slightly more than i do and she would get the child deduction as well? That seems mighty unfair.

                      Also in the calculator when it asks about dependents I added her two children, but should I add our daughter as well? And would she go under my deductions or hers?

                      Comment


                      • #12
                        Re: Can you help me know what to expect?

                        Originally posted by notanerd View Post
                        Hi all, Thank you in advance for taking a look at my post.

                        So a little back story. My ex (almost) wife and I were married 6 years ago and had a daughter. We then split up and I moved out 5 years ago. Last year it got to the point where we finally did the legal thing and ended the marriage. (Yes I know we should have done it sooner, but chalk that up to being stupid.)

                        Anyway next week we go to court for the child support portion of this endless process. I do not have a lawyer anymore, because he stopped returning calls/emails and the like so we parted ways. But I digress, in the past few years my ex has had two kids with another guy whom she is now engaged. We have done the custody part, I get every other weekend from friday evening to monday when I take her to school, plus tuesday and thursday from when I get off work to when I drop her at school the next day. So its a pretty decent split and works relatively well for our schedules.

                        Currently I make only about 8k more than she does, but she has the other two kids so I guess that factors in....though in my opinion it should not. I am just really nervous about going into court and getting some ridiculous figure for support. Additionally I know in the next few years my income will increase by a lot if I keep on the course I am on with my career. How much does future earning figure into this?

                        So basically does anyone have any advice for me or can help me know what to expect? Please let me know if you need more information about my situation and I can provide that ASAP.

                        Again, thank you all for your help.

                        -Dan
                        California's child support guidelines are posted online. So you should be able to get some rough figures of your obligation before going to court.

                        Comment


                        • #13
                          Re: Can you help me know what to expect?

                          The calculator will give you a decent ballpark figure. There are too many variables that can occure to give you a more accurate figure. Also, the formulas states use are not written law. They are simply guidelines, and can be adjusted on a case by case basis.

                          Comment

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