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  • #31
    Originally posted by rockscan View Post
    But if she is making more take home why is it such an issue? You are paying off set based on either the same or more income?

    80% seems staggering but there are a number of other factors at play in the amounts. They include:

    1. Grants that reduce the amount
    2. Kid sharing the cost which you could argue should be 1/3
    3. Tax benefits coming off depending on who claims them

    While it may seem like you are paying 80% of say $10,000. In reality that amount would be lowered by grants, kid and tax. Meaning that 10 could be reduced to 4 and then split accordingly.

    Its up to you though. If it is worth spending thousands on a lawyer do it but if it is reasonable and you would win, it may be worth it.
    More take home means she is earning less income and I'm paying more support to make up the difference. She is also claiming extra tax deductions so her net income hasn't changed, but mine has been reduced. As well, because of her lower income, my % for S.7. naturally increases.

    So, it will be difficult to pay 80%, offset to close to Table... and I would hate to argue it only for the judge to default to the original agreement, state there is no change in circumstances and stick me with costs as an added bonus.

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    • #32
      If your child goes away to school then there is an argument about reducing cs when they are away. Plus you may also indicate that the child is responsible for a higher portion of costs.

      For instance, if kid decides they want to go away to school to learn away from home but there is a comparable program and school close to home, you could argue kid has a higher share of the cost as a result or they are responsible for their living expenses.

      In the end though, the direct benefit is to your child and you have shared custody meaning you are in their life. I would chalk it up as a win even if it means more money. Hopefully you have taught your child to be smart about money and education decisions.

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