Shared Custody and Child Support Calculations

[sparky76]

Hi, I have been doing some reading and I wsih to understand the sense behind claculating child support in a shared custody example.
On the Child support tables it states that the amount is based on what you woudl have been paying the child for teh whole month at your income. Now, if your wife chooses not to work becasue of a possible unproven medical issue, and you have the child 1/2 the time, how is it that you still have to pay the full child support amount?

Basically after giving 9.7% of your gross income towards the child, and then paying your ex 46% of your Net, she ends up with aproximately 60% at least. You are the one with employement expenses, and still look after the child 1/2 the time. Why is she rewarded for not working?

I won't even add the fact that there are 2 other kids of mine from a previous marriage trying to attend university which the judge will not consider has any needs from me the custodial father.

What is up with those calcs? Or am I understanding it wrong?

 

[Rioe]

If you have the child half the time, the person with the higher income pays the lower person the difference between each of their table child support amounts. If one person has no income, the other can argue that an income be imputed to them, based on what they could reasonably earn, full time minimum wage at the least. It sounds like you are paying spousal support as well as child support? Perhaps you could argue that the spousal support be used as her income for the calculation of child support. I'm not sure if that's allowed though, as it makes too much sense.

As for your other two kids, just because they exist does not lessen your obligation to the next child. The time to decide you couldn't afford another child would have been before having one.

 

[sparky76]

Thanks for your reply RIOE

Yes it would be nice if they imputed an income of either what I'm paying or at least minumum wage. This would give her some incentive to work, as she has ignorantly stated that if she works it will only benefit me.

I'm not quite clear on the last statement that you made. I had these two kids ealier, and was raising them myself until my second marriage. The second marriage I had one more child, which I'm now paying for child support, and paying Spousal Support as well. My ex was working prior to leaving the north, but is insisting that she is not capable of work now due to a surgery she had back in December.
In effect I have 3 kids to support while my ex has 1. My kids are in another city to take post secondary school, so obvisouly they need my support, but the judge has tied my hands. My ex has about 60-70% of my income(after tax), even though I have more expenses(North, Visitation, university exp, etc). They used my northen income with taxable benefits that are no longer appliacble due to the separation against me. Paying on money i do not receive hits hard. Lawyer weakly represented me, and judge seemed like he was out to punish me... They all did not underatand financial terms such as carrying charge obviously so that also cost me.

Anyway, thanks for your reply.

Sounds like the best i can do is ask for an imputed income, or better, have them use my support as a child support offset.

 

[Tayken]

Hi, I have been doing some reading and I wsih to understand the sense behind claculating child support in a shared custody example.
On the Child support tables it states that the amount is based on what you woudl have been paying the child for teh whole month at your income. Now, if your wife chooses not to work becasue of a possible unproven medical issue, and you have the child 1/2 the time, how is it that you still have to pay the full child support amount?

Basically after giving 9.7% of your gross income towards the child, and then paying your ex 46% of your Net, she ends up with aproximately 60% at least. You are the one with employement expenses, and still look after the child 1/2 the time. Why is she rewarded for not working?

I won't even add the fact that there are 2 other kids of mine from a previous marriage trying to attend university which the judge will not consider has any needs from me the custodial father.

What is up with those calcs? Or am I understanding it wrong?

Hi,

The best thing to use is DivorceMate. Go to a solicitor who has access to DivorceMate and have them run the numbers. The report gives a vivid description of the calculations and break downs. Trying to understand the Ouija board that is spousal and child support is difficult even for the most qualified statisticians.

Good Luck!
Tayken