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  • Section 9 child support

    Does anyone have experience with section 9 Of child support guidelines? Recently received 40% in a court decision but judge did not reduce child support or analysis section 9 rules. Just kept support at full table amount with no explanation. Not sure how to proceed.

  • #2
    Its still below 50/50 and the difference in your incomes will impact that too.

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    • #3
      Originally posted by Afox7 View Post
      Does anyone have experience with section 9 Of child support guidelines? Recently received 40% in a court decision but judge did not reduce child support or analysis section 9 rules. Just kept support at full table amount with no explanation.

      Section 9 just means that a judge CAN reduce support, there is no obligation. If you have 39%, then the judge has no choice. If you have 40%, then the judge has a choice.


      Generally, when the 40% is a change from something below 40%, the support paid will not in fact be changed. The argument is that the recipient has arranged her finances to assume that she has this money, and that she has had little to no savings as a result of this move to 40%, so her needs have not decreased (or the child's needs) so CS should not be changed.


      I always tell people that if they want to ensure that CS is reduced, they had better get 50%. Anything less and the courts will still not care about your household.


      Not sure how to proceed.
      Your only reasonable argument is that the judge didn't engage in a section 9(c) analysis. However, did you bring this up? If you didn't, then that is your fault.


      Will a 9(c) analysis show that you paying table support is bad for the child? Note that in the previous sentence I didn't say "fair". Fair is a different standard, and the "fair" standard as far as I can tell is almost non-existent in family law.


      You can appeal, but offhand you would probably get destroyed.

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