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bviper
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Reged: 01/18/06
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Who is responsible?
      #178285 - 12/18/06 05:06 PM

Hello,

I presently have custody of my daughter who is 16. Her mother is looking into requesting that we go to Joint Custody so that she no longer has to pay child support. What would she be responsible for, as far as health insurance, etc., in the event that happened. As it is right now, I pay about $450/month in health insurance for my self and my daughter. And if she were to get full custody, would she be responsible for the health insurance. One last thing, what is taken into consideration when they do the child support calculations? Would my disability retirement amount per month be taken into the calculation? Thank you.


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Gecko
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Re: Who is responsible? [Re: bviper]
      #178288 - 12/18/06 05:23 PM

There is no difference between "sole" and "joint" custody when it comes to CS...it is who has "physical" placement and the amount of Parenting Time.

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Susanf31
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Re: Who is responsible? [Re: Gecko]
      #178310 - 12/18/06 06:46 PM

What Gecko said. So what I think you mean is that your ex-w is going to seek primary custody of your D16. Depending on what state you are in, you will be paying CS based on both of your incomes or on your income. The parent who has access to best, cheapest health insurance will be the one ordered to pay it. The cost of that insurance will be factored into your CS.

If you tell us what state you are in, what your income is, what your ex's income is and how much D's health insurance is, we can give you a ball-park figure of how much you'll be paying.

If you are current primary parent, you don't have to let your D go live with mom if you feel it's not in her best interest. You can fight you ex on the custody thing. Where does your D16 want to live?


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NancyD
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Re: Who is responsible? [Re: bviper]
      #178434 - 12/19/06 05:53 AM

Joint legal custody determines that both parents have decision-making power over major things in the child's life such as religion, school, medical issues. Joint physical custody, or shared parenting, splits the child's time as equally as possible between the two parents.

Child support is based on the idea that the finanicial playing field should be "leveled" so that the child has as close as possible to the same standard of living in whatever home is the primary residence, or in both homes if it is split 50/50. Even if the time spent with each parent is 50/50, the parent with a much greater income might still be responsible for some CS to the other parent.

Every state has a formula for determining CS based on parental income. Some take into account parenting time, some do not.


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bviper
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Re: Who is responsible? [Re: Susanf31]
      #178439 - 12/19/06 06:51 AM

Thank you for the responses. The story goes like this: Divorce was final in 2003 and daughter went with her mother at the time. About a year later, in 2004, the mother literally comes crying to me to say that she can't "handle" our daughter because she has gotten out of control. Alot of that was due to the fact that the mother(my ex) let her do what she wanted. I took custody...filed papers and everything...and have been recieving CS since that time. Now the daughter is 16, almost 17, and realizes that mom will give her many more freedoms than I do. Of course, mom sees this as a way to get out of paying CS if we have joint custody. It's my belief that our daughter is better served by staying with me, but I would say that she would probably rather be with her mom. Would I have to prove that my ex is a bad situation for our daughter?

The state is Ohio. I believe that my ex's gross monthly would be in the ballpark of $2350. I'm not sure how to figure mine, since I recieve wages from my job and my disability retirement check every month. Without the disability, my gross monthly income is around $1700. I currently have my daughter listed on my health insurance, which costs approximately $450/month. I can't say with any certainty whether or not my ex has health insurance on our daughter. If she does, it would probably run in the $100/month range, since she has bad insurance through her job.

Hope that helps with any more guidance that you may have. Thank you.


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Buckeye
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Re: Who is responsible? [Re: bviper]
      #178490 - 12/19/06 10:44 AM

There are several things you can do.

You can offer for mom to not pay CS or rebate part of it back. Only keep what is necessary for the up keep of your daughter.

Courts are VERY reluctant to change custody unless there is a REALLY GOOD reason for a change - like CP abusing child, living with someone that abuses the child, is drunk and can't care for the child or does drugs.

If you have had your daughter since 2004, most likely the courts would not make a change especially if daughter says she wants to change to mom because of having more freedom.

Hopefully, you keep all the paperwork from the change 2004 to show to the judge.


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NancyD
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Re: Who is responsible? [Re: bviper]
      #178604 - 12/19/06 03:26 PM

How has your daugther's behavior improved since she came to live with you? Do you have anything that shows that she was out of control while with her mother...like any truancy reports or poor report cards...and current ones since living with you that show better grades and attendence? That kind of evidence would sway the court.

It may be hard to keep a 17 year old, even if you do keep primary custody, because they are so mobile on their own, so there may have to be a more lenient form of visitation with her mother. Maybe say every weekend with her mother and school nights with you.


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