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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 06-04-2017, 07:13 PM
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Default Offset child child support and standard of living

My ex purchased and moved into a million dollar house from a $700k house (somehow on 60k / yr salary).

I make more than my ex and I pay offset child support of $400 / month.

Obviously she doesn't need help for our kids standard of living. Any way to reduce or eliminate child support?

Or can someone help me understand why I am giving her money, because it sure doesn't look like she needs it.

Thanks!
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Old 06-04-2017, 08:24 PM
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Sorry bud but its based on income. You cant stop or reduce it further.
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Old 06-05-2017, 08:21 AM
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In shared custody, CS should consider the following

9a) offset
9b) increased costs due to shared custody
9c) actual situation

You are referencing 9c, where paying CS into a household with a higher standard of living doesn't help the children.

In theory, each part of section 9 must be considered. In reality, judges routinely ignore 9b and 9c, despite explicit directions from the supreme court in the Contino case to not do so.

If it makes you feel better, I'm in the same situation. I pay CS to a household with a wildly higher standard of living, and I have the kids slightly more than 50% of the time. Every penny I pay in CS hurts my kids.
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Old 06-05-2017, 01:07 PM
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My DH pays CS to a higher earning household - $600 in offset CS and an additional $500 in S7 more than their mother. As a result we have to limit the children in how many extracurricular sports and music they can participate in bc we simply don't have the funds. If we had our extra $1100 in income per month the kids would have access to tutoring and ability to get extra power skating etc. The children benefit from a larger home than we have and more luxurious cars with their other parent. As I've said before, no adult should be responsible for another adult and in 50/50 situations monies should not be exchanged. Each parent is responsible to pay for the children they brought into this world. You don't make enough? Get a part time job when you're not with the kids to supplement - shared parenting allows for that!


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Old 06-05-2017, 03:18 PM
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Quote:
Originally Posted by len14 View Post
My DH pays CS to a higher earning household - $600 in offset CS and an additional $500 in S7 more than their mother. As a result we have to limit the children in how many extracurricular sports and music they can participate in bc we simply don't have the funds. If we had our extra $1100 in income per month the kids would have access to tutoring and ability to get extra power skating etc. The children benefit from a larger home than we have and more luxurious cars with their other parent. As I've said before, no adult should be responsible for another adult and in 50/50 situations monies should not be exchanged. Each parent is responsible to pay for the children they brought into this world. You don't make enough? Get a part time job when you're not with the kids to supplement - shared parenting allows for that!


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In offset both parents are paying for the children they brought into this world... the whole standard of living thing comes when a parent has a new spouse who makes more. The new spouse's income doesn't come into play and it shouldn't because they didn't bring the children into this world. There is always an option of the payer to find a new spouse that makes more, thus their standard of living increases without having to increase their CS. I don't necessarily agree with offset CS the way it's usually calculated but if one wants a higher standard of living without having to pay more CS the new spouse could get a better paying job or a second job.

Btw... I am a new spouse and make more than my husband and continue to force myself higher into the work force so we can enjoy a higher standard of living without him having to pay more CS. That being said he also continues to further his career even though he pays more CS because of it.


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Old 06-05-2017, 03:50 PM
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In offset both parents are paying for the children they brought into this world... the whole standard of living thing comes when a parent has a new spouse who makes more. The new spouse's income doesn't come into play and it shouldn't because they didn't bring the children into this world. There is always an option of the payer to find a new spouse that makes more, thus their standard of living increases without having to increase their CS. I don't necessarily agree with offset CS the way it's usually calculated but if one wants a higher standard of living without having to pay more CS the new spouse could get a better paying job or a second job.

Btw... I am a new spouse and make more than my husband and continue to force myself higher into the work force so we can enjoy a higher standard of living without him having to pay more CS. That being said he also continues to further his career even though he pays more CS because of it.


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I don't care about the new spouses earnings. Point blank if you need $x amount to live each month, and you share custody 50/50 go figure it out yourself. Nobody is responsible for a grown persons welfare. I wouldn't take a dime from the father of my children who takes care of them half the time. It's ridiculous that case law trumps legislation and Supreme Court.


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Old 06-05-2017, 07:30 PM
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Originally Posted by len14 View Post
I don't care about the new spouses earnings. Point blank if you need $x amount to live each month, and you share custody 50/50 go figure it out yourself. Nobody is responsible for a grown persons welfare. I wouldn't take a dime from the father of my children who takes care of them half the time. It's ridiculous that case law trumps legislation and Supreme Court.


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Most people don't actually require the CS each month but that doesn't mean it shouldn't be paid. Sometimes the guidelines are ridiculous I will say that but why shouldn't children be supported to the best of the parent's ability? My husband has more than doubled his salary from the whole time he was married to his ex... so had zero help in that. He made a total career change when we met because factory work just wasn't cutting it. Is it fair he has to pay CS on an increased income which is double what his marriage income was while his ex still works in the same factory? Probably not, but it is what it is. He is just as responsible for those kids as she is and that means financially. Sure we could probably do more without having to pay her CS but there is zero we can do about that. At the end of the day he knows he is supporting the kids to the best of his ability and that's what's important.

I question why you don't support CS in a 50-50 situation, especially if one parent makes less


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Old 06-06-2017, 05:32 PM
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My adversity to offset CS is because purpose of why it's in place in the first place is not respected. Intent is to equalize standards in both households, if that component is fulfilled through whatever means, then what is the actual purpose of child support in shared custody? It simply makes no sense.


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Old 06-06-2017, 06:23 PM
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My partners ex makes 100 g a year and he was paying cs of 25g when making 16g part time because the economy crapped out. Now with my income we have a pretty sweet life whereas she will argue her kids are missing out while he is living with his "rich gf". It sucks but its the way it is. The important thing (that you dont realize) is that you are there for your kids and while they may be materialistic now, they wont in the future and your relationship will pay dividends in the future.
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Old 06-06-2017, 06:55 PM
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My adversity to offset CS is because purpose of why it's in place in the first place is not respected. Intent is to equalize standards in both households, if that component is fulfilled through whatever means, then what is the actual purpose of child support in shared custody? It simply makes no sense.


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So by whatever means what you are getting at is that if it would take $10,000 to equalize the parents income then the lower earning parent should get a second job to make up the difference? I guess I'm just not understanding. If parents make close to the same then no CS is payable but why would CS not be payable because one parent decides to get together with a new spouse?


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