Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
[quote]but your support is significantly below CA guidelines for your income...and THAT is what isn't fair. [/quote]
This guy is looking a gift horse in the mouth. He should keep his mouth shut and be happy with the ordered amount because he steps before another judge, he will pay a LOT more, regardless of her income.
--------------------
GO CUBBIES!!!!
|
Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
[quote]
Just to put you in your place, I do NOT hold a college degree nor some sort of certification or plumbing/electrical job. I barely, as in 1.8 GPA, graduated from a high school in LAUSD (that's Los Angeles Unified School District) second worse only to Oakland in all of CA. So for me to have paid support all of these years, moved 500 miles and start over. [/quote]
I grew up on the west side of Chicago in a broken home and put myself through college because I had some ambition. And your point is?
--------------------
GO CUBBIES!!!!
|
cincsu
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
|
|
according to the CS calculator he is paying a little higher than what he should be paying. she chose to be a SAHM with her new kids 5 years ago. if she had done that with this one 14 years ago i could see them saying her income was $0. but that isn't the case. her decision her burden to bare.
if he isn't being asked to go back to court then he should not take it to court either. i think he'd have a hard time getting her imputed at higher than what she was making 5 years ago. and if she's imputed to $65K then he'd be paying $14 less than what he is now...hardly worth arguing over.
however, i also think he wanted to know where he stood in case her atty took him back to court over it. i didn't get the impression that he wanted to take it to court to argue the current amount of support.
$600 for 50/50 timeshare is plenty. that give her $300 per week for every week she has the child.
--------------------
wife of 1, mother of 2, stepmother of .3475902453
|
navywife
recently joined
Reged: 04/15/08
Posts: 10
|
|
I have been seperated for 3 years, and in our divorce we are going to split taxes. He gets to claim one year, and I claim the other, although the dad lives in another state and the child has spent all year with me, ever since weve been seperated and will most likely continue to do so. Talking to one lawyer, he said that on the years my husband is going to claim our child, his child support goes up. I am not sure how to calculate that as I know the courts wont order a child support amount to be changed from year to year, although the lawyer just suggested taking how much the support would be for the year I claim, how much the support will be from the year he claims and then dividing the two to get the averaged amount of support per year.
|
Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
|
|
[quote]according to the CS calculator he is paying a little higher than what he should be paying. she chose to be a SAHM with her new kids 5 years ago. if she had done that with this one 14 years ago i could see them saying her income was $0. but that isn't the case. her decision her burden to bare.
if he isn't being asked to go back to court then he should not take it to court either. i think he'd have a hard time getting her imputed at higher than what she was making 5 years ago. and if she's imputed to $65K then he'd be paying $14 less than what he is now...hardly worth arguing over.
however, i also think he wanted to know where he stood in case her atty took him back to court over it. i didn't get the impression that he wanted to take it to court to argue the current amount of support.
$600 for 50/50 timeshare is plenty. that give her $300 per week for every week she has the child. [/quote]
My numbers came out significantly higher. Did you use his $150K salary? I did, along with his 50/50 and her having no income (she is a SAHM with a bunch of other kids...they wont impute [censored] on her) and it came out to around $1450 a month in his support rather than the $600. I used the AllLaw calculator, which seems to be the most popular.
His entire debate is the amount he is paying, which he thinks is too high.
Quite frankly, I think it is too if there is a true 50/50 but the laws say otherwise. In a true 50/50, there should be NO CS.
--------------------
GO CUBBIES!!!!
|
Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
|
|
No, in my experience they will impute her. I know several people in California that have had their income or their ex's income imputed.
Also, the law in California is that if you are a stay at home parent for the second spouse, that if the judge chooses to do so, he/she can use the stepparent's income. They rarely do so, though, and usually choose to impute instead.
Cinder
|
Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
|
|
Talking to one lawyer, he said that on the years my husband is going to claim our child, his child support goes up.
*****************
Navywife-
I have never heard of that. Using that logic, the years your ex does not claim the child his CS should go down then, right? No, sharing the tax exemption is normal.
--------------------
13.1...because I am only half crazy!
|
navywife
recently joined
Reged: 04/15/08
Posts: 10
|
|
exactly, thats where calculating the years he claims and the years I claim and dividing the two, come into play.
|
cincsu
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
|
|
I used the calculator on the dcss website for california...it is more accurate than the all law.....that is what the court uses now in ca.
--------------------
wife of 1, mother of 2, stepmother of .3475902453
|
Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
|
|
[quote]exactly, thats where calculating the years he claims and the years I claim and dividing the two, come into play. [/quote]
That is too confusing. I don't see the court diddling with numbers like that-every other year.
--------------------
13.1...because I am only half crazy!
|
Previous
Index
Next
Threaded
[Re: 
Edit
Reply
Quote
