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cr1971
newbie


Reged: 09/17/07
Posts: 26
California Support question...
      #390134 - 04/15/08 04:09 PM

I was just awarded 50/50, and here is the situation:

1 child, 14yrs

Me: 150K per year (I still can't afford an attorney, sad)
expenses are 6.5K per month (this includs current child support of $600)

me: pay our son's insurance (med/dental/vision) $50 per month

tax: I have never been able to claim him...but with this new order I'd prefer to claim him for the next 5 years.


her: 65K per year (5 years ago, she hasn't worked since 2003)she is re-married with 3 other kids all under 5 (4, 2, 1) so working is not in the future for her.

her husband: 95K
expenses: 5.5K per month


Any ideas? This might be worth hiring an attorney..watch out Mr. Ropper here comes Mr. George Jefferson...


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Kingsmengun4
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Reged: 04/15/08
Posts: 12
Re: California Support question... [Re: cr1971]
      #390136 - 04/15/08 04:10 PM

Don't think you can consider her husband's salary at all.

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cr1971
newbie


Reged: 09/17/07
Posts: 26
Re: California Support question... [Re: Kingsmengun4]
      #390142 - 04/15/08 04:18 PM

I know that...but I hoping I'm able to factor in her old salary at 65K and add on 3% per year for annual increases. She holds a degree from UCLA and left the work force to become a full-time mom, our son did not benefit from this meaning he was out of day care when she made the decision and would have stayed out regardless.

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Kingsmengun4
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Reged: 04/15/08
Posts: 12
Re: California Support question... [Re: cr1971]
      #390147 - 04/15/08 04:23 PM

If you knew that why did you tell us her husband's salary? It was of no value.

I believe they can factor in a reasonable salary for her if she were working. Don't know about the 3% increase, however. Where did you get the 3%. Why not 5%?


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Sherron
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Reged: 11/25/06
Posts: 20052
Re: California Support question... [Re: cr1971]
      #390149 - 04/15/08 04:25 PM

The current cs of $600 is after the 50/50? While I'm not a big fan of money exchanging in case of a true 50/50... considering that you make more than twice her imputed income, it sounds like a very fair amount, unfortunately. Based on her not working, and you paying cs in addition to having him 50% of the time (= you are providing more than 50%), I would consider it fair for you to claim the child for tax purposes PERIOD.

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Sherron
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Reged: 11/25/06
Posts: 20052
Re: California Support question... [Re: Sherron]
      #390151 - 04/15/08 04:28 PM

"If you knew that why did you tell us her husband's salary? It was of no value."

Sure it was. The point was that bm is not a poor disadvantaged SAHM who can't make ends meet, but that she has another person in the household who is well employed (by my standards, anyway), so her household is not financially suffering from her decision to stay home with her subsequent children.


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cr1971
newbie


Reged: 09/17/07
Posts: 26
Re: California Support question... [Re: Sherron]
      #390153 - 04/15/08 04:36 PM

Sherron,

Thanks for the note. Just to clarify the $600 was based on 35/65 time share from 6+ years ago. Sorry if that was confusing, it was just increased this past Friday. I'm just trying to make sure I don't get burned by her attorney.


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Cinder2
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Reged: 06/02/05
Posts: 4361
Loc: Southern California
Re: California Support question... [Re: cr1971]
      #390156 - 04/15/08 04:42 PM

California recently put their guidelines online in the form of a calculator. Check it out here.

https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

I doubt you will get a judge to impute raises, but I guess you could try. Her husband's income is in the calculator to help determine their tax base. You'll see it all when you go fill it out.

Cinder


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Relayer
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Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
Re: California Support question... [Re: Cinder2]
      #390162 - 04/15/08 04:52 PM

$600 is peanuts. Especially at your income.

--------------------
GO CUBBIES!!!!


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cr1971
newbie


Reged: 09/17/07
Posts: 26
Re: California Support question... [Re: Cinder2]
      #390164 - 04/15/08 04:55 PM

Thanks...so basically I'm going to pay $100 more a month because she hasn't worked in 5 years...if I can't get a judge to believe she'd be getting the below-average salary increase for someone in her previous job tile, in our area, during the same period of time. Sad. Thanks

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