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Child Support Calculation....WTF...

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  • Child Support Calculation....WTF...

    Can someone please verify the child support calculation for me please?
    I pay spousal support until June 2014, and is a fixed amount each year as determined by our separation agreement. My income varies substantially from year to year and for that reason we recalcualte child support each year. What I can't understand is the rationale that child support is calculated based on my gross income (pre-spousal support) and her income includes the spousal support received in calculating child support.
    So I end up paying child support based on money I have given her for spousal support. Does it not make sense that my spousal payment should be BOTH deducted from my income AND added to her income when calculating child support???

    Thank you

  • #2
    Apparently, child support is paid net of tax and is calculated on YOUR gross income. It does not matter what deductions you have (SS).

    If you had the kids, then SS would be included in her income, hence, more CS.

    It sucks....I know...

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    • #3
      Do you have the kids 50-50 and use the offset method? That does seem to include the SS twice somehow, which doesn't seem right.

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      • #4
        When my ex and I agreed to our SS payments (based on compensation for career damage, not based on need), I had assumed that (logically!) we would adjust our CS incomes to include the SS, BUT both our lawyers said that a judge may not like that idea and they said to simply base CS on gross income.

        It seems clear to me that CS should consider SS, or visa versa. But the system only accepts CS calculated first, then SS. So, we base our CS on gross income (we use offset method for 50/50), and then I adjust SS such that the end result is the same as what we wanted to do (which was pay SS, adjust incomes, and then calculate CS).

        My ex is having a little trouble with it, but math was never her strong suit, especially when it makes the SS payments smaller.

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