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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 03-29-2017, 10:54 AM
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Originally Posted by Janus View Post
Unlikely to convince anybody of this though. Most people think that offset support is fair when it is clearly mathematically wrong.

I would hazard a guess that about 50% of child support payments are unfair. Child support is supposed to be one parents portion of food/shelter for their kids but in situations where the paying parent makes less, its really not fair. It works in cases where the paying parent makes more (and significantly more). For cases where the recipient is shacked up with someone who has a high income and also gets cs AND their ex (paying parent) is destitute because they pay $$$, then its really not fair. The cs guidelines don't take that into account. Equalizing households to me is an urban legend.

OP, you will have a hard time arguing that household income should be considered and there may not be caselaw to support it. Judges at the superior court level go with the guidelines. You would have to get an appeal judge to agree with you to get it changed and thats big bucks.

And if you think I don't understand, my partner makes half what his ex makes. His cs and s7 expenses then make their incomes 1/3 to her 2/3. She brings in over $100,000 with cs/s7 and her income. He was unemployed at one point meaning it dropped to 1/5 her income. Me moving in and covering most of the household bills means he can actually keep his head above water and make his cs payments. She would argue he's got me to pay his bills so its not fair her kids suffer. She is more than welcome to find a rich new man to pay her bills!
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  #12 (permalink)  
Old 03-29-2017, 02:13 PM
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Originally Posted by rockscan View Post
Equalizing households to me is an urban legend.
I agree. In shared custody situations, child support may help balance incomes, or it may create further inequality. That is why I said that for shared custody, CS payments are arbitrary. They have little to no connection to the actual child.

In shared custody, sometimes CS will help the child, sometimes CS will hurt the child.

The legislation actually has it right. Judges are supposed to consider the actual facts on the ground in a shared custody situation before making a CS award. (section 9c) Unfortunately, they do not. I'm not sure why they don't, but they don't.
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