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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 07-12-2012, 12:26 AM
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Default Remarriage and child support

Situation: Kids are split evenly (50%). I make 65k, STBX makes 45k. She is remarrying a guy who makes 200k per year. My reading of this forum is that his income is completely irrelevant to the situation.

My question is as follows: If the courts are looking out for the best interests of the children, how does it help them to have child support money going from my household (65k income per year) to a household with 245k income per year?

Now, I'm not asking for support from them, I'm just trying to understand the reasoning as to how this child support that I will be expected to pay helps the children. STBX is not the "custodial" parent, we both are equal parents. We both will have the same expenses that will need to be covered.

To address the first answer that I will get: Yes, the new husband is under no obligation to support my children. However, I thought that the courts were not terribly interested in what was fair vis a vis the parents, but rather what would produce the best outcome for the children. Is my understanding wrong in that regard?

Obviously, if this marriage of hers broke down, I would be immediately expected (and would certainly) pay the full offset child support.
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Old 07-12-2012, 06:29 AM
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reverse it. Say you remarried to someone making the 200 k. Would you pay more money to your ex if she was still single and only had the 45k income??
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Old 07-12-2012, 06:43 AM
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We are in the same situation over here Janus. I live with my girlfriend and her child (she gets a lousy $200 a month child support from her ex) The girlfriend works part-time because she chooses to raise her daughter, making under $20,000 a year.
I made $41000 last year, but only seen $20,000 of it because the other half went to my ex for child support---as I have to pay her $1000 a month ($700 child support for 2 kids, babysitting expenses, extracurricular activities, etc.)
It's the law---We have to pay it.
My ex's income goes up to $80,000 a year with what she gets from me and the government added on to her employment.
My income drops down to $20,000!
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Old 07-12-2012, 01:29 PM
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Simply put - these are YOUR kids not his. Why should he have to pay for someone else's kids?
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Old 07-12-2012, 02:14 PM
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What makes it even more "unfair" is if your STBX stops working (for whatever valid reason) and her income drops to $0, your CS drastically increases and she lives off her new hubby.

I'm all for offset CS to help create equal homes for kid(s) but I am also in belief that a new partner that joins the picture takes on the lifestyle and responsibilities (aka a child of previous marriage) too.

As Arabian said, they are not his kids but I know that if I lived with someone with kids from previous they become part of my life, part of our family. I would end up supporting them (roof, food, gifts, entertainment, etc).
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Old 07-12-2012, 02:30 PM
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Quote:
Simply put - these are YOUR kids not his. Why should he have to pay for someone else's kids?
My question would be...what kind of man would want someone else to support his children? And how/why do you even know how much her new spouse makes?

I pay offset support. If my ex gets a new person in his life..that has nothing to do with our obligation to the children we had together. I would never even know or care about her income.
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Old 07-12-2012, 03:06 PM
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Quote:
Originally Posted by Canadaguy View Post
What makes it even more "unfair" is if your STBX stops working (for whatever valid reason) and her income drops to $0, your CS drastically increases and she lives off her new hubby.
You have an income imputed to the ex and he/she pays based on the imputed income. If that means the spouse has to pay it on their behalf that's between the two of them and perhaps enough motivation for him/her to get off their butts and get a job.
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Old 07-12-2012, 11:18 PM
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Originally Posted by standing on the sidelines View Post
reverse it. Say you remarried to someone making the 200 k. Would you pay more money to your ex if she was still single and only had the 45k income??
Yes.

Clearly, I would not use the full income of the new spouse in the calculations. After all, in this case her household income is substantially higher than mine, and I am not asking for child support (which would be the case if we included the new spouse's income).

Also, many of the responses missed my point. I'm not asking about what is fair to me or to my wife or to the new spouse or to a new spouse that I may have, I am asking what kind of arrangement would be in the best interests of the children, and why would the courts not act in a manner that was in the best interests of the children.

I will ask again, since I honestly want a good argument: How does it help the children for child support to be paid from the household with a lower income to the household with the higher income? Child support is the right of the child, is it not, so should the support not be in the child's best interests?

(Also, I know salary from the sunshine lists )
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Old 07-12-2012, 11:36 PM
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Ahhh a communist.

As a former high income earner I can say that I pay more than enough in taxes and subsidies for all the have-nots out there. You wanna have a kid you pay. If I don't wanna have a kid then I don't pay. If I end up f***ing your old lady/man the kid is still yours.

If we accept your thesis then those people with money should definitely not associate with those without just like was common 80 yrs ago. You could be like the two lovers on the Titanic and sneak into the cargo hold to fornicate.
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Old 07-13-2012, 02:30 AM
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I think the OP is right, meaning that in his situation, the money used to raise the kids is not equaled between the two homes when he pays CS from his lower income home to his ex's higher income home.

Other posters have said that it is not the new spouses job to support the kids which is all well and good but ignores the reality that the new spouse mostly likely is - the amount of money used to raise the kids is higher in the other house which is exasperated by the OPs CS payment to that house.

The thinking that the new spouse is not required to support the kids and their income should not be considered when determining CS is not consistent with the other family law idea that a non biological parent can be ordered to pay CS if they assume a parenting role during a relationship - usually indicated by living with the children during that relationship.

All that being said, I am more comfortable that only the incomes of the parents be considered for CS for most cases (when incomes in both houses is high enough to raise the kids). However that conflicts with the idea of offset CS, the purpose of which is to balance the money for raising the kids in the two homes of single parents.

This comes back the OPs original question - why isn't this balancing done in all cases.

I think the answer is 'that's just the way it is'.
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