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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 05-06-2017, 12:45 AM
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are you guys seriously fighting over $50 - $80 a month ?
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Old 05-06-2017, 01:11 AM
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He is. And has now refused to pay anything for 2 months. I didn't bother him about not paying the increase until he told me he would stop paying anything at all unless I went to mediation. The increase is $80/month based on his income going up. Mine went down only 800 in 2015.

Like I have already said, I am open to figuring out where my business income and deductions fit in. However withholding his full child support is not the way to do it. That is a manipulative tactic and not looking toward solution.
I just want to know if this is an issue we should mediate (given it is the child's right) or whether it is best to put in front of the judge.



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Old 05-06-2017, 12:42 PM
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Quote:
Originally Posted by billiechic View Post
He is. And has now refused to pay anything for 2 months. I didn't bother him about not paying the increase until he told me he would stop paying anything at all unless I went to mediation. The increase is $80/month based on his income going up. Mine went down only 800 in 2015.

Like I have already said, I am open to figuring out where my business income and deductions fit in. However withholding his full child support is not the way to do it. That is a manipulative tactic and not looking toward solution.
I just want to know if this is an issue we should mediate (given it is the child's right) or whether it is best to put in front of the judge.



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you're not obliged to follow guidelines under section 9. the guidelines are only guidelines. go to mediation and agree on 30$ increase or even no increase. 50-80$ a month isn't worth going to court for. $50_80 a month isn't even a significant material change in circumstances. judge will laugh you out of court for seeking an extra $50 a month from family court. if he stopped paying all together then that might be a material change.
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Old 05-06-2017, 12:53 PM
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He has stopped paying altogether. I've said that several times. He actually wrote me both emails and texts saying he refused to pay until in front of the judge.
And there is a material change. Our last court order has me paying him 5 years ago. My income has been below his for 4 years now.

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Old 05-06-2017, 12:54 PM
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Originally Posted by billiechic View Post
He has stopped paying altogether. I've said that several times. He actually wrote me both emails and texts saying he refused to pay until in front of the judge.
And there is a material change. Our last court order has me paying him 5 years ago. My income has been below his for 4 years now.

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then he can ask to impute your highest income.
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Old 05-06-2017, 12:56 PM
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What do you mean? From the career I can no longer work? Or from the last 5 years of history?

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Old 05-06-2017, 01:29 PM
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Quote:
Originally Posted by billiechic View Post
My ex is refusing to pay his child support unless I either agree to mediate the amount or go in front of a judge.
Seems reasonable. Shared custody child support is not even remotely cut and dry. You can negotiate or you can go to court. I'm not sure I understand what is the problem here.

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I work full time and run a small business part time. It's network marketing, it doesn't add a lot to my income, reduces it some due to expenses.
Are you using your business expenses to reduce your income from your full time job?

If so, I wouldn't accept that either.

Quote:
I know CS is not negotiable normally
For salaried people, in a situation where one parent has at least 60% custody, then child support is not negotiable. In every other situation it is.

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The business is not separate yet.
What do you mean by that?
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Old 05-06-2017, 01:52 PM
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It is reasonable not to pay a dime of support? For all my years on this board all I have heard is that the last thing a judge will tolerate is someone who withholds child support! Whether the amount is up for debate, he should at least be paying the minimum offset which he could calculate based on all my income (not addressing my business expenses). He has all the info to do that.

I claimed my business expenses on my taxes because that is what the government requires us to do. It is not intentional to reduce child support. However it does change my line 150. I realize this makes this an exception.

My business is part time right now. It is still claimed on my personal income taxes.

In the majority of cases shared support IS cut and dry. It's the offset method. Which is what we have been using.

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Old 05-06-2017, 02:21 PM
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Self-help remedies (refusing to pay support) are indeed frowned on upon the court. If a court order exists then your ex is obligated to pay what is ordered. This is why maintenance enforcement agencies exist.

Self-employment income (part-time or full-time) can be a contentious issue. Rightfully so, as many people assume that what the government allows for tax purposes automatically is accepted by court for purposes of determining income for support. Much case law has shown that this is not the case.

You can either mediate between the two of you to determine which expenses would be acceptable to reduce your line 150 or you can have a judge decide for you.
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Old 05-06-2017, 02:29 PM
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Thank you Arabian.
After the mediation I will have to file a motion, since our court order is 5 years outdated and I am the offset payor in that order.

I realize what government allows is not the same as family Court. I consulted a lawyer and she said what I was calculating was correct. However I think it is best I ask with more detail. Maybe she needs to see exactly which deductions are in there..my training, fees for board memberships, business expenses.
I'm not looking for the man to pay me the max. My child needs what is fair. I paid on time every time and the correct amount for 4 years. Because it was for my child. I just want him to do the same. At this point she is missing out on any extras because I can't scrape the money together.

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