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support calculator - does this make sense?

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  • support calculator - does this make sense?

    According to mysupportcalculator.com I am financially better off by having my children live with my ex, rather than the arrangement we have now. Shared custody of two youngest (both school age). I have full custody of eldest. Ex is very low income (intentionally underemployed).

    Current scenario:
    $1200 cs
    $1200 ss (at midpoint)

    Ex w custody of all three:
    $1562 cs
    $305 ss (at midpoint)

    I am not entertaining the thought of changing our current setup, but this really makes me wonder how these calculations help shared parenting. It seems to reinforce the father living out of a bachelor basement apt idea to me.

    Perhaps there's something I don't understand in the calculations? Why am I paying more (to ex and not to mention my home expenses with kids) with a shared/sole setup vs. her having them full-time?

  • #2
    Something must have gone wrong with your calculation. I've never heard of such a huge difference. My understanding is that child support is formulaic, should not vary and is pegged to your level of income, and her's if she has one. But spousal support has guideline ranges that varies with a "with children" formula. Even if you did not have custody, you would still be paying child support at the same level, to my knowledge. And if your ex had full custody and did not work, it is highly unlikely spousal support would decrease.

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    • #3
      Me $82,000 & Her $7,000

      Current scenario (2 shared, one full with me):
      Self pays Spouse child support of $1,196 per month
      Self pays Spouse spousal support in an amount to be determined between $1,012 and $1,441 per month (with a midpoint of $1,219 per month)
      Total: $2400

      Full custody her:
      Self pays Spouse child support of $1,562 per month
      Self pays Spouse spousal support in an amount to be determined between $109 and $506 per month (with a midpoint of $305 per month)
      Total: $1800

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      • #4
        I see. I guess the fact that you have full custody of the eldest throws off the calculation. If you had shared custody of all three children, I suspect the difference in support payments would be minimal when compared to her having full custody of all three.
        That said, it is hard to comprehend that such a small spousal support amount would be owed if she had full custody. Perhaps the increased CS and lower SS is meant to compensate for the fact that CS is not tax deductible, but SS is.
        Tax deduction notwithstanding, I agree that in your somewhat unique situation, there is a financial disincentive for shared parenting.
        With the two children for whom you share custody, do you have them for 40%+ of the time?
        On another note, have you attempted to have her imputed with a higher income?

        Comment


        • #5
          I have the two youngest 50% of the time. Their primary address, for schooling, etc. is my house.

          We're still in an interim agreement phase. Imputing income will have to happen at divorce proceedings, whenever that happens. I think I have a pretty strong case for it. Marriage didn't hurt her ability to now make money from the career she trained in at start of marriage. In fact, she still worked during marriage so her experience only increased.

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          • #6
            Sounds like she should be able to support herself within a reasonable period of time, particularly if your children are in school and you have them 50% of the time. Insist on a spousal support termination date and/or a step-down phasing out of spousal support. How long were you married? For instance, if you were married ten years and she was working, you should be able to terminate support after five years. Insist on this now so that you don't have to revisit it in court (time and $$$) down the road. I did not do this and am paying the price for it now.

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            • #7
              It's been a year and a half now since separation. Her income has gone down from the year before. Married/together for 13 years.

              The training she got at start of marriage could have her earning 40k if dedicated. With 12 years of experience, should be even more. I doubt a judge would impute an income to her that high.

              Term date and/or step down is the plan I have to get review dates in there as she really has zero plans to earn to her capacity.

              Comment


              • #8
                Another thing I've seen in some agreements regarding spousal support is where the two parties agree to pay into a "training" fund for the person who has been out of the workforce. Doesn't have to be a large fund but by having both parties 'buy into' the idea it shows a serious intent on upgrading and returning to workforce and eventual self-sufficiency.

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                • #9
                  That's smart but no, she wants to start a self-supporting, intentional community (commune).

                  Comment


                  • #10
                    Each to their own I guess. Well hope the judge tells your ex that she is responsible to contribute to children. She'll have to pick a lot of beans then for sure.

                    Comment


                    • #11
                      Originally posted by arabian View Post
                      Another thing I've seen in some agreements regarding spousal support is where the two parties agree to pay into a "training" fund for the person who has been out of the workforce. Doesn't have to be a large fund but by having both parties 'buy into' the idea it shows a serious intent on upgrading and returning to workforce and eventual self-sufficiency.
                      I have seen this as well. It works where there is an honest intention to become trained and gainfully employed. The drawback is where on ex leads everyone along, tries the training, and then decides toward completion that she/he does not want to continue with that career. I was forewarned by my lawyer of this exact scenario. With my ex, I have said I will pay half upon successful completion of training and 6 months of contractual employment. It of course fell on deaf ears. But I know my ex, and I have zero faith in her ability to carry through with her employment obligations.

                      Comment

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