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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-29-2008, 01:07 PM
909B4 909B4 is offline
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Default Shared Custody and Support Payments?

I've read a lot of legal text on the subject, but I'm still not positive how my situation will be affected...

I have 2 daughters with my ex, the 9 year old lives full time with her and the 14 year old lives full time with me. On weekends both kids are at either my house or their mom's house.

Support payments were agreed upon between myself and the ex in July when my daughter moved in with me, but she is pushing for more and is no longer the "civilized ex" that agreed to the amounts a few months ago.

Should I be paying a support amount (based on the support payment tables) for one child (as I am now) or do different rules apply to this situation?

Any guidance would be greatly appreciated and will help me ask the right questions when I meet with a lawyer.
Old 08-29-2008, 01:44 PM
paris paris is offline
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Figure out what you should be paying her for one child based on the tables.
Then figure out what she should pay you for one child. The difference between the two amounts is what should be paid.
Old 08-29-2008, 06:37 PM
kassie22 kassie22 is offline
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I agree with Paris... but don't forget to include special expenses (childcare for the nine year old, medical, dental, etc) They will come into play as well.
Old 09-02-2008, 12:35 PM
909B4 909B4 is offline
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Thanks for the input.

I don't have an issue with 'special' expenses, only the regular support payment that seems more than a little one-sided.
Old 11-25-2008, 04:20 PM
momof3 momof3 is offline
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Default shared custody and child support payment rates not standard. What a pain

From everything I have read, and speaking with a lawyer, it seems as if child support guidelines are not standard in the situation where shared custody is an issue.

My husband and I are separated and have 3 children. The children are with me 60% of the time and him 40% of the time. His lawyer told him that I have to pay child support as I make more money. My lawyer says that there are so many different formulas out there, that you just never know what a judge will say.

I originally had all the children for most of the time, and because we signed a separation agreement indicating no child support would be paid, I received nothing from him. Now that he has seen a lawyer, he wants the kids at least 40% so he can collect child support from me.

I could drag it to court, and try to demonstrate that I can't afford the child support due to the increased cost of the shared custody arrangement, but there just doesn't seem to be a one size fits all for our situation. It seems nuts to me that I actually have the kids most of the time, and I have to pay him child support.

Has anyone out there been through this? I don't want to put the kids through more than they have and just figure the money I have to pay out is worth not having to deal with the ex anymore, but know that as soon as I make any more money, he will just keep asking for more and more.
Old 11-26-2008, 06:48 AM
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The thing to remember is that CS is for the purpose of equalizing the standard of living "FOR THE CHILDREN" from one home to the other.
And generally when the threshold 40% is met then the table amounts are not the norm. Since the threshold has been met then the CS becomes an issue of proportion relative to income for both parents.
Given that you have the higher income it stands to reason that some of your income should be diverted to the lower income household so that the children can enjoy equally or relatively equal standards no matter which home they are in since they spend a significant amount of time at both homes.
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