The threshold of "bothering"

[Tayken]

FYI - the offset method is not reasonable - its just done because the legal system is not very good at math.

Shared access (50/50) should result in CS that is somewhere between offset and half offset.

I totally agree. There needs to be a consideration of the balance of the children's residency and the cost of raising children laid on top of the "offset method". But, it would take a significantly dedicated litigant and piles of experts to get a landmark case and it would be an incredible uphill battle.

It just isn't "worth it" emotionally and financially to take on the risk.

 

[billm]

I totally agree. There needs to be a consideration of the balance of the children's residency and the cost of raising children laid on top of the "offset method". But, it would take a significantly dedicated litigant and piles of experts to get a landmark case and it would be an incredible uphill battle.

It just isn't "worth it" emotionally and financially to take on the risk.

Hmmm sounds complicated.

When someone can reasonably state that it does not cost 2x to raise kids in two homes as compared to one (which the simple 'offset method' assumes), the simple offset method should not be used.

However, it does seem in family law - when in doubt, just make the CS payer, pay more.

 

[cool river]

"But, it would take a significantly dedicated litigant and piles of experts to get a landmark case and it would be an incredible uphill battle."

Or, a somewhat capable, obsessive, self-represented ex to want go for it, in spite of the odds (which they may or may not know, being self-represented, or may or may not care about). This then results in a choice for the other side either to give in to what they ask (and sit around waiting for the next demand) or pay 20K to fight with them by going to court.

But I think you get where I'm coming from already, and it comes down to putting a value on emotional cost of fighting vs not, and a best guess as to how the capable, obsessive, self-represented person with lots of time and anger can be best satisfied/shut down so they "go away."

G

 

[Tayken]

"But, it would take a significantly dedicated litigant and piles of experts to get a landmark case and it would be an incredible uphill battle."

Or, a somewhat capable, obsessive, self-represented ex to want go for it, in spite of the odds (which they may or may not know, being self-represented, or may or may not care about). This then results in a choice for the other side either to give in to what they ask (and sit around waiting for the next demand) or pay 20K to fight with them by going to court.

HIGHLY unlikely that the person requesting the difference in the CS payments would even get through the front door on this argument self represented. They would be asking the judge to set a major presidency and I can tell you... The probability that they would do it is highly unlikely to be successful and have to pay costs on a substantial basis for wasting everyone's time.