Job Loss and Child Support

[FL_Needs_To_Change]

This is one of those cases where it depends on income.
Basically you would determine what the CS would be for each parent assuming the other had full custody, subtract the two and the balance would potentially be the amount a court would ordered paid.

This essentially balances the standard of living between t he homes.
With the parent with the higher income paying the balance.

[billm]

Set-off method compensates for increase cost of two homes for kids

Note that mathematically, the "set-off' method described (take your CS amount, other CS amount, subtract difference = how much higher earner pays lower earner) for 50/50 custody takes into account the increased cost of maintaining two homes for the kids.

For exmaple if you are the higher earner (he),
If the CS amount for her income was $800, and your CS amount is $1200, then it says that basically that it costs $2000 per month to raise the kids given the income the two of you make. Half of this is $1000. So you might think that you would pay $200 to her (they are supposed to spend $800 of their income, you give them $200, so they spend $1000 on the kids. You are supposed to spend $1200 of your income, you give them $200, so you spend $1000 on the kids).

But the set off method has you paying $1200-$800 = $400. This increase helps to compensate for the extra cost to raise kids in two homes, not just one. It helps but cannot completely compensate her because IT COSTS MORE to raise kids in two homes, so given that both of your incomes stay the same, the standard of living will be lower in both houses.

[girard]

CS Amount

Very good explanation Billm:

But if she shows no income on her T4.....and has imputed income of $35K.....and is receiving $1500 SS/ month and $800 CS/ month.

How does your calculator work then???

Why would she even attempt to get a job with cash like that coming in?

And due to the state of the economy right now.... will the courts lower my payments to her if she claims that there are no jobs out there?

Will the courts hang her out to dry?

Thanks

[FL_Needs_To_Change]

Is there any time limit imposed on the SS payments? A time frame to allow her to become self supportive would "encourage" her to seek employment knowing that it was going to stop eventually.

Shared custody has an different way of calculating CS as stated billm, and I think that the income applied to her should remain if she is not currently working.

I think that you may have a chance at winning a claim for a reduction in both CS and SS if you can show the courts, via documentation of income etc, that your income has and will decrease due to a lack of opportunity for OT.

I would request an explanation of hours worked and hours worked on OT from my employer for the previous year(s). Hopefully the variance would help demonstrate your position to the courts.

Like the lawyer advised you may need to wait a few months in order to establish a trend in hours worked & the lack of opportunity for OT.
Just as a side note, why did the courts or your lawyer allow CS & SS to be determined on OT? Does this not automatically force you to except "voluntary" OT?

My husband's ex tried to calc CS this way also, and his lawyer demonstrated to the courts that this would force continued OT for coming years in order to meet such an obligation. So alternately they offered CS calcs on base wages and adjusted annually to account for any OT or lack there of.

[Suchislife]

Just as a side note, why did the courts or your lawyer allow CS & SS to be determined on OT? Does this not automatically force you to except "voluntary" OT?

In our case this is exactly what happened.
My partner for a couple years preceding his separation worked alot of OT.
SS & CS was determined on this inflated income.

Circumstances changed and OT was reduced. It then became a struggle to keep up with payments.

The Judges presume you can maintain your income and you are purposely reducing it.

[FL_Needs_To_Change]

The Judges presume you can maintain your income and you are purposely reducing it.

This is what we wanted to avoid.
The only thing we ever got the better deal on.

[girard]

reduced Income

CS and SS were calculated on an estimated income of $110k (OT included). Normal income for the year before the separation was $145-150K. But when Shared Parenting was achieved....I had children every other week. So OT during every other week and weekend was out the window.

Now that OT is eliminated all together....I am down to $86K.

I believe that I have a valid arguement.

She will get more than 50% of my wage.