| Gecko |
| (Carpal \'Tunnel) |
| 12/18/06 06:46 PM |
Ex Has Balls the Size of Basketballs
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As ya'll know...I requested a downward decrease in CS because oldest daughter was NOT in school, working full time and will shortly be 21.
Ex didn't like the amount being proposed and asked for a review of the review...today I FINALLY got a copy of his "response".
He says that they calculated his income too high, that there are three ways to calculate it:
1. Regular wages + auto allowance = $4,454
2. Regular wages = $3,872
3. Regular wages divided by hours worked = $2,969
Off course...the thinks #3 would be the "fairest" way of calculating his income.
Then he says that our oldest is still in school, that she was forced to take a couple of semesters off to find a job because I wasn't paying child support. WTF?!? So I called daughter and told her what her Dad was saying and she's pissed...or I should say more pissed. Seems her Dad took her car away because she wouldn't take the day off work and help him clean house.
He also wants to be "fair" about imputing an income for me...said during our last review, they were unable to accurately imput a "fair" wage, but now they know what my capabilities are so it should be XX amount. What is so funny about XX amount is it is the SAME figure that HE thought was "fair" last time. The man just cannot keep track of his stories.
To be honest, I don't give a rat's ass...1)Oldest daughter will be 21 BEFORE this gets to court so it's MOOT, 2) It's only money and 3) I have other, more pressing issues...like how to get my father to gain weight so they will continue the radiation.
When I read BS like that...I don't know whether to laugh or cry.
| Renee |
| (Carpal \'Tunnel) |
| 12/18/06 06:51 PM |
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..and the brain the size of a pea
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He's an idiot. I - D - I - O - T. Friggin Idiot.
Has your dad stuck with the diet the doc was requiring?
{{{{Gecko)))))))))
| cincsu |
| (Carpal \'Tunnel) |
| 12/18/06 07:37 PM |
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Re: Ex Has Balls the Size of Basketballs
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how do they get 582 as a car allowance? does he get paid mileage or a monthly car stipend? i would think either way that part shouldn't be calculated in - at least at that amount. i would say take his income and add in a reasonable car payment like 350...which is still a good income.
what does he mean by the hours? if he is salary then his income is what it is....if he gets paid hourly then his income could vary.
you don't divide your salary by 50 hours worked and multiply by 40 to get his "real salary" he makes a salary whether he works 40 or more hours a week. to put in overtime would be his choice or lack of time management.
| Gecko |
| (Carpal \'Tunnel) |
| 12/18/06 07:54 PM |
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Re: Ex Has Balls the Size of Basketballs
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The $582 is an average of his "auto expense pay" for the past year.
And yes, that is exactly what he's trying to do...divide his "salary" by the number of hours worked.
The difference in CS between his REAL wages and his "fair" wages is....drum roll please........$66 a month.
| katiefedup |
| (Carpal \'Tunnel) |
| 12/18/06 07:56 PM |
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Re: Ex Has Balls the Size of Basketballs
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Gecko, have you ever considered taking 50/50 so he doesn't get a dime
| Gecko |
| (Carpal \'Tunnel) |
| 12/18/06 08:00 PM |
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Re: Ex Has Balls the Size of Basketballs
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Not an option...not that the ex would go for it since it means I wouldn't pay CS and therefore he would have no "control"...we live too far apart.
| katiefedup |
| (Carpal \'Tunnel) |
| 12/18/06 08:07 PM |
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Re: Ex Has Balls the Size of Basketballs
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oh what about 100% custody or maybe move closer so 50/50 would be an option. He sounds like a jerk
| Gecko |
| (Carpal \'Tunnel) |
| 12/18/06 08:15 PM |
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Re: Ex Has Balls the Size of Basketballs
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Moving closer is not really an option, though I did consider it at one time...just not enough job opportunities and frankly...I wouldn't want to live where he lives. Hell...even the kids don't like living there!
If I were better situated, I would go for custody, but I'm not and probably won't be for some time because of Dad and by then...the next child will 18 at which point she already says she's joining the military and that will leave just the one in his last year of high school and I won't do that to him...unless he was in physical danger.
| Susanf31 |
| (Carpal \'Tunnel) |
| 12/18/06 09:23 PM |
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Re: Ex Has Balls the Size of Basketballs
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LOL Divide earnings by hours worked? Never heard of that before. When you are salaried, you work for the money, doesn't many how many hours it took you to do that job.
I think #1 is what his wages should be based on.
| cincsu |
| (Carpal \'Tunnel) |
| 12/18/06 10:04 PM |
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Re: Ex Has Balls the Size of Basketballs
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i don't think it should be based on the whole car allowance. for example if he is a salesguy. i drive a civic, and i am perfectly happy with it, however, if i was a sales person i might have to drive a small SUV to carry around people, samples, machinery.
see what i mean...i'd have to spend more for a car than i otherwise would. i would only want counted the portion of the car payment that i would have paid if i didn't have a sales job. in reality his 582 vs. my 250 car payment....$300/month in income might make a $20 difference in child support.
| mommy2boys |
| (addict) |
| 12/18/06 10:56 PM |
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Re: Ex Has Balls the Size of Basketballs
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His car allowence might not be able to be added in. If he is required to use his personal vehicle for work then his reimbursement is for work related use. Generally to be eligible for the reimbursement the car has to be less than 5yrs old and is reimbursed for up to 75% of the vehicle expenses (note, maintence, tires, depreciation, mileage, etc.) I receive a reimbursement for my vehicle and that can not be included as income since it is an expense that I have that relates to my job, and is estimated to only be 75% of the actual cost of operations and ownership of the vehicle. The reimbursement is usually not taxable income.
| Gecko |
| (Carpal \'Tunnel) |
| 12/19/06 12:17 AM |
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Re: Ex Has Balls the Size of Basketballs
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I sat down and went through the entire packet which was really nice since it included stuff that is still in storage and then reread my letter to the DA in June and his letter in July and had a really good laugh.
When we first got divorced...I had been a SAHM for most of our married life and so they imputed my income at minimum wage and my CS was set at $345. Ten years later, my ex did an extensive amount of research on what my "earning potential" was because I had just moved back and was working a temporary job and concluded that I capabable of earning $12.50/hour. Of course, he stated that he was earning $45k/year and as a result, my CS went up to $574.
When I made my request for a review, I was not working, but asked that wages be imputed based on my average wages for the last couple of years...which I did not think was unreasonable.
But obviously the ex thought differently. In his letter to the court he claims that during our last review they did NOT have a "clear picture" of what my earning potential was, that it was based on "industry average", but now they have a much clearer picture and so he thinks that my income should be imputed at....drum roll please...$12.50/hour.
Of course...the last paragraph of his income calculations says: "the fairest and most likely best way for all parties involved to calculate my monthly gross pay is to average the last 2 1/2 years."
Hey...I'm all for be "fair", so I guess I can "average" my wages for the last 2 1/2 years too...$9.88/hour.
Oh...and he wants to change the insurance plan. His company offers a plan at $68, but he wants to go outside of his employer for an independent plan. That's fine, but first, I want to be reimbursed for the insurance I paid for but he didn't have over the last four years. I also want to be reimbursed for the "extroidenary health expenses" I paid for, but he never took our daughter to during the last for years.
Four years ago, I thought the amount the courts set was excessive (but unfortunately, I had a judge who made his own "laws" and I got screwed), so for the hell of it, I ran the old numbers through the new calculator and my CS is LESS.