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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-26-2016, 09:52 AM
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Default Case Law - SS with Offset CS

Tried finding some case law where judges ordered spousal support and offset child support.

Anyone have any links to such cases?
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Old 08-26-2016, 09:51 PM
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SS is often reduced when CS is being paid. They are not completely separate.

In theory, CS is paid first, and then SS is determined after CS. In an offset situation, you would need to know both incomes, and therefore need to know SS to calculate CS.

My gut feeling is that SS is calculated first here, but I don't have any case law to back me up at all.
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Old 08-29-2016, 11:05 AM
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From my understanding once the schedule is determined (say 50/50 access) and SS is awarded a judge would plug the incomes into a divorce mate calculator and it would determine offset CS amounts based on income and the range of SS (low, mid, high). It would also spit out the NDI calculation based on the SS amount.

The judge would then decide the amount of SS based on NDI being balanced.
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Old 08-29-2016, 10:02 PM
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Not always. My partner paid SS to his ex (until it came to an end last year) and also pays offset CS. His and his ex's offset was calculated based on their line 150s (where CS does not show up). His SS was calculated through negotiations between him and his ex's lawyer to arrive at a sum they could both live with. The two calculations were completely separate and neither influenced the other.
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Old 08-30-2016, 11:08 AM
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I paid a lump sum spousal and have offset cs.
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Old 09-02-2016, 12:14 PM
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Quote:
Originally Posted by Headwaters1 View Post
I paid a lump sum spousal and have offset cs.
Was that awarded by a judge or agreed upon?
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Old 09-02-2016, 12:16 PM
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Quote:
Originally Posted by stripes View Post
Not always. My partner paid SS to his ex (until it came to an end last year) and also pays offset CS. His and his ex's offset was calculated based on their line 150s (where CS does not show up). His SS was calculated through negotiations between him and his ex's lawyer to arrive at a sum they could both live with. The two calculations were completely separate and neither influenced the other.
Yes you can do that if you negotiate it, but would a judge award offset CS and lower SS not according to the guidelines?

I can't seem to find any case law to back this up.
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Old 09-02-2016, 01:25 PM
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Quote:
Originally Posted by OntarioDaddy View Post
At my trial, income was imputed on my ex and we switched to offset. This lowered my child support quite a bit however, once INDI's were accounted for, I had more to give and spousal support went up leaving me in about the same position.
But, you shifted the money from after-tax payment to a taxable benefit. So, in the end after you file your income taxes and SS is considered you are probably ahead still.

Sorry you have to pay support to an adult who supposedly lives in an "equal" society. Equality has a funny definition in family law...
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