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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-26-2008, 05:10 PM
dg_sch dg_sch is offline
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Default A couple of questions re: CS

First question.
Is there a way of avoiding paying CS on lump sum payments which would show up on line 150. I currently have several weeks (6) of banked time at work and would like to cash some out. This will end up on my line 150 but would only be a one time deal.

Second question.
Ex has told me that she is going to be filing to have CS adjusted due to undue hardship. She had another child from her last partner and to the best of my knowledge is not filing same against him. I know he works so how would the courts look at her filing undue hardship against only one of the fathers?

Thanks
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Old 02-26-2008, 06:27 PM
phoenix phoenix is offline
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Re: your first question... is there a reason why you don't want your children to benefit from the extra money you earn?
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Old 02-26-2008, 06:51 PM
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To actually attempt to answer your first question...

Banked hours on employment income would appear not to be a lump sum in that I would expect would be excluded simply because it is a few weeks of banked vacation.
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Old 02-26-2008, 08:39 PM
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Quote:
Originally Posted by dg_sch
First question.
Is there a way of avoiding paying CS on lump sum payments which would show up on line 150. I currently have several weeks (6) of banked time at work and would like to cash some out. This will end up on my line 150 but would only be a one time deal.

Second question.
Ex has told me that she is going to be filing to have CS adjusted due to undue hardship. She had another child from her last partner and to the best of my knowledge is not filing same against him. I know he works so how would the courts look at her filing undue hardship against only one of the fathers?

Thanks
She is claiming the undue hardship?? If she is not paying CS then it wont hold anything for her at all......undue hardship is for the payor mostly.....courts mostly go by the table amounts for CS....if the custodial parent claims undue hardship she may be at disadvantage whereas judge could see that as unstable environment for the child/ren.....
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Old 02-27-2008, 04:03 PM
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Quote:
Originally Posted by phoenix
Re: your first question... is there a reason why you don't want your children to benefit from the extra money you earn?
My children benefit little from the Support I pay. I don't think their Mom should benefit form the extra I would have to give, which would end up lasting a year.
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Old 02-27-2008, 04:06 PM
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Quote:
Originally Posted by littleman
She is claiming the undue hardship?? If she is not paying CS then it wont hold anything for her at all......undue hardship is for the payor mostly.....courts mostly go by the table amounts for CS....if the custodial parent claims undue hardship she may be at disadvantage whereas judge could see that as unstable environment for the child/ren.....
She is supposed to be paying for the son in my custody, should have mentioned that. The offset between my table about and her table amount is supposed to be about $180. I settled on $100 as I know she did not have a huge income. Now she wants to pay nothing. I already pay 100% of extra expenses as well.
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Old 03-16-2008, 08:38 PM
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Quote:
Originally Posted by dg_sch
She is supposed to be paying for the son in my custody, should have mentioned that. The offset between my table about and her table amount is supposed to be about $180. I settled on $100 as I know she did not have a huge income. Now she wants to pay nothing. I already pay 100% of extra expenses as well.
Undue hardship is extremely hard to win in court......I know my ex tried to claim it and in judges words if you are not living in the streets and eating out of garbage cans then you have nothing to go on.....should mention at the time he still had marital home and inherited new car from his girlfriend while we were still married (another sore spot-dont go there) long and short if it unless she is living on the very edge then there is no way that it would go through......so dont worry about her empty threats.....thats all they are.....
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