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  • CS increase Proposal

    In what circumstances would you agree to a proposal that falls under the CS table guidelines?

    Payor has EOW, CS is not offset.

    Do you counter propose with the table amounts? Or a lower than table amount to avoid lawyer/court fees?

  • #2
    you should agree to fair amounts. table amounts are not fair

    Comment


    • #3
      How would you word it going forward? Do you want to redo the negotiations every year at tax time and reargue what is "fair"?

      You need to set some kind of formula to make it automatic or you will be back in your lawyer's office every May. Either that, or you won't address support levels for years, and then there will be a lot of catching up to do.

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      • #4
        Originally posted by Mess View Post
        How would you word it going forward? Do you want to redo the negotiations every year at tax time and reargue what is "fair"?

        You need to set some kind of formula to make it automatic or you will be back in your lawyer's office every May. Either that, or you won't address support levels for years, and then there will be a lot of catching up to do.
        This is where we are now. It hasn't been updated/financials haven't been disclosed after many years. The material change in circumstances has changed and not been adjusted accordingly with the pay increases. This year alone would equal over $6000 in difference of cs payments. That's not even looking at the previous years he has been making in the same wage range.

        How do you determine fair? no s7 contributions- braces on both (my work insurance doesn't cover orthodontics), clothes, school, anything over $100 for prescription glasses in two years which one daughter needs yearly updating, socializing, etc is all paid by me. I make a decent middle class wage but my salary is no where near his.

        I have a feeling that once we get this amount in place it will be the last time he'll adjust other than to remove a child as they graduate.

        Edited to add - I haven't asked/mentioned retro for this year either. If we can come to an agreement I was looking at it as on moving forward basis
        Last edited by TiredOfTheDrama; 10-17-2012, 12:43 PM. Reason: edited to add

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        • #5
          Then go by the book, and point out that you are not seeking retroactive increases for the previous years, and the next adjustment will be years in the future. It is in his best interest to simply agree without argument.

          If he disagrees, he will owe retroactive and more going forward if you go to court, and he will have to pay costs if he fights it.

          Comment


          • #6
            Originally posted by Mess View Post
            Then go by the book, and point out that you are not seeking retroactive increases for the previous years, and the next adjustment will be years in the future. It is in his best interest to simply agree without argument.

            If he disagrees, he will owe retroactive and more going forward if you go to court, and he will have to pay costs if he fights it.
            That's what I was thinking but wasn't sure if he proposed an amount less than table amounts and I counter and we don't agree, does it look like I'm being unreasonable in court.

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            • #7
              It's not unreasonable to the courts to ask for table amounts, that is why they are there. If he has some cause to ask for less than table amounts, he has to explain that to you first, else how are you to know?

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              • #8
                Originally posted by Mess View Post
                It's not unreasonable to the courts to ask for table amounts, that is why they are there. If he has some cause to ask for less than table amounts, he has to explain that to you first, else how are you to know?
                Thanks Mess!

                More questions, what would be reasonable factors for not being able to pay for table amounts?

                His wife makes as much as me if not more so undue hardship shouldn't come in to play. Would this include car payments, mortgage (not a mansion) & regular house hold bills or over and above this? Wife's adult daughter is in post secondary, what about her car expenses? Bankrupting him is not my intention.

                For the car payments, they drive luxury cars which are replaced every 3 years or so. The payments will be more expensive than a compact car. What they drive is their choice, I wouldn't expect them to tell me what I could/couldn't drive, but in relation to being able to pay/not pay table amount would this be a reasonable determining factor on their end.

                Just noticed that I put this under the wrong category. Should have been under Financials.

                Comment


                • #9
                  Have you asked him to justify why he feels the table amounts aren't applicable? If he thinks that the amount should be reduce to less than full table, let him give you reasons why.

                  Undue hardship is nearly impossible to pull off. All adults over the age of 16 have their incomes accounted for.

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                  • #10
                    NBDad, It's a good way to word it. We do not communicate effectively so any suggestions are more than welcome!

                    I know undue would be a beast for him to prove.

                    Comment

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