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No Child Support, 50/50 Automatic as Law?

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  • #16
    Originally posted by trinton View Post
    it's not for everybody. I wouldn't be able to do it. I would if I had to but the first hand emotions would make it difficult for me to remain focused.

    Self-represented parties are a nuisance to the courts. That's how judges view them.

    That being said, judges can't pull decisions out of their ass. They must be supported by the facts and by our laws.
    Regardless of if they like it or not the trend is going to go in that direction because of the increasing cost and how drown out the system is. Most people can't spare 100k to go to trail. It's kind of turning the way of small claims court.

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    • #17
      Originally posted by Tayken View Post
      Child Support is federally mandated under the FCSG. It is a law! There is little to debate.
      I beg to differ here, Laws can and have been wrong, I am not saying CS should not be mandated, it absolutly should; but to say because it is the law therefore it is correct is a fallible argument.

      Originally posted by Tayken View Post
      You can search my threads for the Stats Can study where that info is hidden.
      I'll look for the study but Stats & studies can be skewed any which way - just take all the stats that had put Hillary in a winning position, the results were different. we do need to rely on the stats, but very cautiously.

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      • #18
        Originally posted by Tayken View Post
        It isn't hard to make things fair. But, it is hard to make them fair and equal. You can get close but, family law is not about "perfection". It is about resolving matters for children ... Not parents.



        That is why they use the offset method to calculate child support in shared residency matters when the access split is around the 60/40 mark.

        "Parent A" income = 100,000
        "Parent B" income = 35,000

        1. Parent B majority access support from Parent A is: $880/month
        2. Parent A majority access support from Parent B is: $303/month

        Now, let's see how fair this is...

        In 1. Parent A is paying 10.56% of income in CS. In 2. Parent B is paying 10.38%! Gasp the inequality!

        Now, lets apply the offset to this where the parents share residency at minimum to a 60/40.

        $880 - $303 = Parent A pays Parent B $577

        ((577*12)/100,000)*100 = 6.92% of 100,000

        Feel free to make a spreadsheet and put incomes of all types and you will get an average that produces the same %s roughly. Well, for anything 149,000 or less. 150,000+ changes the rules and game.
        again, the above argument isnt very solid, the percentage calculation method dictates that 10.xx% of income is sufficent for a 3 year old child, as well as a 15 year old child. A normal 3 year old child does not have many needs, all a three year old needs is clothing, food and shelter etc; whereas a 15 year old has substiantialy more needs.

        The law needs to change to take into account the child's needs and what that couple would actually spend on the child in comparison with the current one-size-fits-all yard stick.

        Also the suggestion that the child support is the "right of the child" is correct, however there is NO way to ensure that the money being given as the "child's right" is actually being spent on the child. the law here is incorrect in assuming that a honest parent who's submissions are truthful is equally honest to an untruthful parent who has primary care of the child (remember, you don't lose custody for lying or swearing false financial statements etc) and will have equal accountability and ethics and will ethically spend the "child's right" on the child.
        Last edited by sahibjee; 11-14-2017, 12:51 AM.

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