My situation has changed last month as per our S/A where I now have my kids 50% of the time up from just under 40%.
I am still paying full table amount approx $1300 as our S/A does not deal with reducing support with the change in time.
My X is remarried. His income approx 60-70k
My income is roughly 90k, hers, 35k.
She was working for around 45k-50k but quit to work at home for less, I'm sure because she remarried, and add in my support she doesn't NEED to.
Her household income (no support added) = 95k+
I want to suggest changing support calc. from full table to the set off method. This would result in $521 support due on her income so deduct that from my current table support. I would have to pay extraordinary expenses and clothing etc (which I am currently exempted from as per our agreement) but I'm positive the $6000+ per year I will get to keep will more than cover that and will help cover my expenses for food etc.
From researching onlin, my understanding is that if I were to ask in court for the set off method they would also look at household income to ensure the standard of living in one household was not grossly disproportionate to the other. Given that their combined income is the same or more than my income, my paying any support gives their household a higher standard of living the way I see it.
What I want to know is:
1) I am told that at 35k vs 90k income both single I would likely not get any relief at 50/50 split because after support our household S of L would be close to the same. Am I correct in assuming that his income now would be included in the household S of L calculation?
2) If standard of living is equal, how do the courts calculate support with 50/50 split. Ie, do they assess no support is due or do they still take her support payable and my support payable and assess I pay the difference?
3) If I need to go to court to ask for this (assuming X will not agree), is it likely I can expect a judge to order offset calculation?
4) Is the set off amount even reasonable given household incomes are equal or should support be less or even nil?
FWIW, I am not trying to escape supporting my kids but I believe it is fair that given 50/50 split, equal Household incomes that some relief is fair or their standard of living will be significantly higher than mine. Even by the offset method their household will receive $10,000 tax free $ more than me, I don't think that is fair.
I am still paying full table amount approx $1300 as our S/A does not deal with reducing support with the change in time.
My X is remarried. His income approx 60-70k
My income is roughly 90k, hers, 35k.
She was working for around 45k-50k but quit to work at home for less, I'm sure because she remarried, and add in my support she doesn't NEED to.
Her household income (no support added) = 95k+
I want to suggest changing support calc. from full table to the set off method. This would result in $521 support due on her income so deduct that from my current table support. I would have to pay extraordinary expenses and clothing etc (which I am currently exempted from as per our agreement) but I'm positive the $6000+ per year I will get to keep will more than cover that and will help cover my expenses for food etc.
From researching onlin, my understanding is that if I were to ask in court for the set off method they would also look at household income to ensure the standard of living in one household was not grossly disproportionate to the other. Given that their combined income is the same or more than my income, my paying any support gives their household a higher standard of living the way I see it.
What I want to know is:
1) I am told that at 35k vs 90k income both single I would likely not get any relief at 50/50 split because after support our household S of L would be close to the same. Am I correct in assuming that his income now would be included in the household S of L calculation?
2) If standard of living is equal, how do the courts calculate support with 50/50 split. Ie, do they assess no support is due or do they still take her support payable and my support payable and assess I pay the difference?
3) If I need to go to court to ask for this (assuming X will not agree), is it likely I can expect a judge to order offset calculation?
4) Is the set off amount even reasonable given household incomes are equal or should support be less or even nil?
FWIW, I am not trying to escape supporting my kids but I believe it is fair that given 50/50 split, equal Household incomes that some relief is fair or their standard of living will be significantly higher than mine. Even by the offset method their household will receive $10,000 tax free $ more than me, I don't think that is fair.
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