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| Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
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#1
02-11-2019, 05:03 PM
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Standard of Living vs. Undue Hardship
I've got a question and curious as to the experience on this forum.
I have 50/50 access & joint custody. As a result, I pay offset CS as I am the higher income earner. However, both our homes currently have an equivalent standard of living before CS come into the question. As a result, despite my higher income, my standard of living is lower. From what I understand, I must 1st prove undue hardship before they consider standard of living? Is that the case? To be clear, I know that I do not meet that threshold, but it seems wrong to create a situation were you are creating an un-equal standard of living? Curious as to what the norm is here. 
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#2
02-12-2019, 02:50 PM
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Standard of Living...
That is subjective and depends on what you consider or what you have used to personally determine that each household is equal. The law just cares about your annual income. I am willing to bet many parents on this forum paying CS have stories that their ex receives more money per month than they do. My ex is and has a house worth 3 x more than mine, drives a fancy car, takes vacations and drops the kids off to me whenever he wants (I never say no), yet I pay child support because I make 35K more than he does. I pay more in taxes and monthly fees (parking, pension, union dues, medical and dental) at work so my take home is less than his. I think you have to be living in a box before the courts will determine you are experiencing "undue hardship".
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#3
02-13-2019, 05:08 PM
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Lots of people pay child support to a house with a higher standard of living even though they have shared custody. It isn't fair, but it is hard to fight.
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#4
02-15-2019, 09:28 AM
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Thanks for the feedback. It's a tough pill to swallow since it isn't fair. In my case, my ex stopped working and managed to find a doctor to sign a note or a "golden ticket". She gets to avoid work and I have to provide increased support to cover the shortfall (we are 50/50).
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#5
02-15-2019, 09:55 AM
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Standard of Living
If ex has quit working how is her standard of living higher?
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#6
02-15-2019, 12:56 PM
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Household income is what I am referring to. My ex can afford to not work as she is getting benefits and I'm covering the shortfall. Her new partner makes significantly more so she doesn't have much incentive to work.
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#7
02-16-2019, 03:32 AM
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Imputed income?
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#8
02-19-2019, 10:18 AM
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Quote:
That would be my best suggestion.
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#9
02-19-2019, 04:00 PM
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She has a medical note. At best you are looking at a $10-20k imputed income, which won't make much of a difference.
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#10
02-21-2019, 07:21 AM
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Thanks for the input. My situation is that mom doesn't want to work and found a doctor to sign off. She is re-married and her spouse makes good money (I don't have a problem with this, all the better for my child) and they can afford to have her not work. However, ex now expects me to top up CS as a result and the courts agree with this, since her spouses income doesn't come into play.
I'm sure as a support payer (i am in a 50/50) this would never fly.
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