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Old 03-12-2010, 07:51 AM
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I do. Contino is fact, yes, but the table offset will be the main calculation. Budgets and ability to pay won't enter into it, unless it is extreme enough to make a huge difference.

What I mean, if you pay 800 a month rent, and the ex pays 1000 month rent, the judge doesn't just automaticly put that extra 200 a month on her side of the ledger. If the budgets are reasonable, they won't factor in, it will just be table.

It is when the there is an extreme need in the budget, and it has to be shown and proven, that it will factor in. Same with ability to pay, this is only affected by an undue hardship claim. Ability to pay is inherant in the income numbers, so the only way to argue it is with an undue hardship claim, which is very narrow. It must be because of debt incurred to support the family (not gambling debt, or lifestyle debt) and the debt payments must push the household NDI well below the other parent's household NDI. You can't just claim undue hardship, you have to prove it.

Now, yes, the table amounts can get modified but it is not just a case where every time they take the house budgets and then add the difference, don't think of it that way.
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