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  • #16
    Im not receiving offset because she is not paying it.

    I understand you have majority access and therefore you should receive full support

    You can't receive full support if you don't have full custody. But it is not money that I want full custody, it is the best interest of the child. Among other things, he is simply used to be with his mom a few days a month and even when with her she is usually "not there"

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    • #17
      I like my ambush strategy ask just to have custody since it is happening anyways and don't mention money

      At the final hearing the judge give you CS by himself

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      • #18
        Never make it about the money.

        But you know you can tax deduct legal fees, not covered by costs awarded, incurred as a result of filing for CS. Makes the costs a little easier to bear.

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        • #19
          Originally posted by The Iceberg View Post
          ...You can't receive full support if you don't have full custody. But it is not money that I want full custody...
          Umm, yes you can.

          If you have joint custody (which it sounds like you do), and the other parent doesn't have the child at least 40% of the time (shared custody), then the other parent should be paying full table support, according to the child support guidelines.

          This is exactly my situation.
          Mom and I have joint custody of our child, but, the "parenting" arrangement (the time that the child is with me), was purposely kept just under the "shared custody" threshold.

          "offset" support, only comes into play, in a true "shared custody" situation.

          I don't see much success for you, trying to get "sole custody" of your child, since, there doesn't really seem to be any reason for that, except you believe it will net you more child support.

          But if you pursue a motion, to have the proper child support paid to you, while keeping joint custody, that would be more straight forward.

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          • #20
            How do I prove I have child over 60% of the time with me? See, she is making double of what I make but she only claims some 20K because her brother is her employer and pays her the rest under the table. So if the Judge doesn't impute her income, I could end up paying it.

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            • #21
              Same - joint custody but I have son almost 100% and receive full table support (now). Son sees dad less than once per month.



              Originally posted by dad2bandm View Post
              Umm, yes you can.

              If you have joint custody (which it sounds like you do), and the other parent doesn't have the child at least 40% of the time (shared custody), then the other parent should be paying full table support, according to the child support guidelines.

              This is exactly my situation.
              Mom and I have joint custody of our child, but, the "parenting" arrangement (the time that the child is with me), was purposely kept just under the "shared custody" threshold.

              "offset" support, only comes into play, in a true "shared custody" situation.

              I don't see much success for you, trying to get "sole custody" of your child, since, there doesn't really seem to be any reason for that, except you believe it will net you more child support.

              But if you pursue a motion, to have the proper child support paid to you, while keeping joint custody, that would be more straight forward.

              Comment


              • #22
                did he admit that you keep the kids ft? or did you have to prove it?

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                • #23
                  Originally posted by The Iceberg View Post
                  did he admit that you keep the kids ft? or did you have to prove it?
                  Keep a log of the time/dates you have your child. What you did, any appointments you took him too, when you dropped him off at school, etc. Send ex an email verifying pick up times, this can all be used to prove when you have the child.

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