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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 08-29-2020, 04:58 PM
rhender rhender is offline
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Default 60% Threshold for Support

I am curious how strict the 60/40% is for determining whether it is shared custody and child support.


When I look at the actual number of days my son has stayed with us this year, it is over 60%. Our agreement says the children are with me 4 days a week (57%) and we have moved to this schedule since March. My child (who is 13) has also chosen to stay with me more frequently.


We are currently discussing child support and I am wondering if this should also be considered. Does it only matter what the agreement says or what is actually happening? How long does it need to be over 60% - a year or two years? How much over 60% does it need to be? 65-70%?
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Old 08-30-2020, 04:55 PM
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Janus Janus is offline
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Quote:
Originally Posted by rhender View Post
I am curious how strict the 60/40% is for determining whether it is shared custody and child support.
Over 60%: Super strict. If you have the kids more than 60% of the time, you are due table levels of child support. The only time a parent with less than 40% ever gets a discount is if there are some extenuating circumstances (eg. high access costs, multiple child support orders)

Between 40%-60%: Not so strict. Sometimes one parent still has to pay table child support.


Quote:
Does it only matter what the agreement says or what is actually happening? How long does it need to be over 60% - a year or two years? How much over 60% does it need to be? 65-70%?
1. It matters what is actually happening, not the aspirational document.
2. Technically, I think even a month over 60% should in theory kick in table CS for that month.
3. 61% is enough. 60% is probably enough. Percentage calculations are in large part arbitrary.

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We are currently discussing child support and I am wondering if this should also be considered.
It will massively ramp up antagonism. Expect your ex to insist that the separation agreement be followed and that actual times conform to agreement times.

Expect a complete lack of cooperation and coparenting from that point forward.

If you need the money, then go for it, but demanding table CS because your time drifted above 60% is going to wreck your relationship with your ex.

To summarize: In theory, you absolutely should be getting table child support. In reality, you need to weigh your need for the money vs the benefits of having an amicable relationship with your ex.

So, if your ex is a jerk, get the money, the coparenting relationship has no value anyway.

If your ex is cooperative and flexible, that is worth more money than you might imagine.
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Old 09-14-2020, 11:41 AM
pinkHouses pinkHouses is offline
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Worst case scenario.
Your ex does not work, you started taking care of the child more than 60% of the time, you work and pay the net child support.

Why not wait a few more years to claim the back child support?
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