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  • Child Support confusion

    So, ex and I are trying to agree to how much child support he owes me without going back to lawyers. They have each probably received 40K from us over the years.

    Ex proposed an amount he owes me without specifying how he arrived at the same (back monies).

    So how does this work exactly? Here is kind of our scenario:

    If it said he made 96K on his NOA received from 2017, to which year would I then figure out the amount he would owe me? For what payment periods of what year towards my teens?

    If it then said on his NOA received from 2018 he made 100K, to which year would I then figure out the amount he would owe me? For what payment periods of what year towards my teens?


    If it then said on his NOA received from 2019 he made 106K, to which year would I then figure out the amount he would owe me? For what payment periods of what year towards my teens?

    This is probably straight forward and I can use the online Govt tables but I don't know when what year/figure (NOA) applies to what time frame? Months and what years?

    If anyhow can support me in my answers I would most appreciate it.

    Thank you.

  • #2
    Make a table with five columns:

    Year ... income ... amount actually paid ... Table amount ... difference/arrears
    2019 ....$106,000 .... $1,000 x 12 = $12,000 ... $1,545 x 12 = $18,540 ...$6,544

    So for each year calculate from January to December what you actually received.

    Then look at the NOA for each year (so the one you just got in June was for 2019) and cross check that against the Table amounts (remember it changed in November 2017 so take that into account). Write that figure in the appropriate column.

    When doing retroactive CS it is always based on the actual income since that is a known fact.

    Comment


    • #3
      You are so kind to respond, but I am afraid I am not getting it.

      He has not paid anything for 3 or 4 years now.
      What I am confused about is for example if his NOA came back in April, May or June, it would represent filing for the 2019 year, correct?! So, say the tax table says he owes x number of dollars based on his NOA in that given particular year, then when he pays that particular years' money back to me for CS, what monthly period would it represent? I am only talking about 2019 for now as an example.


      I don't think I am explaining this correctly. Sorry.

      p.s. I owe him for almost one year. Our teens stayed with him for 11 months beginning Nov 2016. So, what return (NOA year should I factor in?). I am so confused!!

      Comment


      • #4
        The tax year is Jan-Dec, regardless of when you got the NOA. So you can calculate the monthly amount for Jan-Feb in 2019 based on that NOA.

        From Nov 2016 to September 2017, use your 2016 NOA to calculate the monthly payment in November and December 2016. Then switch to your 2017 NOA for January-September 2017 monthly amounts.

        Comment


        • #5
          Do it any way you want. His salary did not appear to change much so it likely won't make too much of a difference. If your value is close to his, just go with his value. I cannot imagine you guys being more than $1000 off of each other, no matter how you calculate it.

          The alternative, as you aware, is more legal fees.

          If you knew the appropriate annual income to apply for a given month, do you know how to figure out the child support due?

          Comment


          • #6
            Child Support Confusion

            Goodness, COVID has really done a number on my brain (I kid you not!!)

            So, if I was given EX's 2019 NOA in June of this year (2020), what months of what year do I use this figure to base child support?

            If I was given EX's 2018 NOA in June of 2019, what months of what year do I use this figure to base child support?

            If I was given EX's 2017 NOA in June of 2018, what months of what year do I use this figure to base child support?

            If I was given EX's 2016 NOA in June of 2017, what months of what year do I use this figure to base child support?

            Finally, If I was given EX's 2015 NOA in June of 2016, what months of what year do I use this figure to base child support?

            IF THERE WERE BIG INCOME CHANGES FROM YEAR TO YEAR FOR SPOUSE NOTICED ON HIS NOA, DO I GO BACK AND ADJUST FOR ARREAR MONIES? FOR WHICH MONTHS OF EACH YEAR?

            I know this can't be this hard to comprehend (sort out). GOD, HELP ME.

            Thank you all. Stay safe!

            Comment


            • #7
              You make a chart:

              First row: year (eg 2017)
              Second row: income from NOA (eg $75,000)
              Third row: monthly Child support due (get the amount from the Child support tables)
              Fourth row: yearly child support (multiply the third row by 12)
              Fifth row: monthly child support paid (what he actually paid each month)
              Sixth row: yearly child support paid (what he actually paid for the year)
              Seventh row: subtract the sixth row from the fourth row to find out what the over/underpayment was.

              Do this for all years, add up all the seventh rows (or, if he underpaid, subtract that amount) to find the final total of what is owing.

              Comment


              • #8
                You can do an easier chart than that.

                Four columns: month, owed, paid, difference.

                Or even simply: year, owed, paid, difference.

                You take the income for the year (2019 applies to all of 2019, 2018—>2018 and so on) and find the relevant table amount. Times it by 12 et voila what was owed. Take what was paid and subtract for the amount still owing.

                If you are concerned about 2020, ask for his 3 most recent paystubs.

                Comment


                • #9
                  I think I understand what you’re trying to ask... usually people pay on their line 150 for the year prior...

                  So for his 2019 NOA his child support would change for the 2020 year... my husband and his ex update CS July 1st... so his 2019 income is used to pay for July 2020-June 2021... his 2020 income will then be used for July 2021 to June 2022... essentially always a year behind.

                  That being said... because you KNOW the income amounts you should be using the years income for CS purposes... 2019 he pays CS based on 2019 income, same for 2018, 2017, 2016...

                  For 2020, what’s his recent paystub show? Use that figure or average out between 2019-2020... come tax time you’ll use his 2020 income

                  Comment


                  • #10
                    Originally posted by Where is the Light2 View Post
                    I know this can't be this hard to comprehend (sort out).
                    The confusion stems from the mismatch between what is intended and what is practical.

                    Intended: You should always pay child support at a level determined by your current income.

                    The problem:. Many people are unable to determine their current income. Even if they could, the evidence of that income (the NOA) does not come until well into the next year.

                    Practical: Since it is difficult to determine current income, most people use the known income of the previous year to set payment for the current year.

                    The exception:. If you are making retroactive calculations, the income is known, and therefore the problem does not exist.

                    My suggestion:

                    For every month in 2017, use the income as stated on the NOA that you received in 2018 (which states what the income was for 2017).

                    For every month in 2018, use the income as stated on the NOA that you received in 2019 (which states what the income was for 2018).

                    For every month in 2019, use the income as stated on the NOA that you received in 2020 (which states what the income was for 2019).

                    and, for every month in 2020, also use the income as stated on the NOA that you received in 2020 (which states what the income was for 2019) because you don't really have any better numbers.



                    GOD, HELP ME.
                    My understanding is that deities only intervene when it comes to sport matches.

                    Comment


                    • #11
                      Thank you everyone. I am still confused.

                      Do any of you care to receive (have me email you) any of the exact numbers and situations with kids that varied between 2016 and current?

                      I am so lost.

                      Comment


                      • #12
                        Its not that difficult. Each year there was set child support depending on the situation. If the kids were shared 50/50 for six months then it is offset six and full table the other six. The parent who had them more doesnt pay.

                        Comment

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