Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
|
|
But wait.....in MY state, as in many, the support calculation includes the percentage of time for each parent. So, with a long distance parenting plan such as NCP taking the full summer....I'm just estimating that would be viewed as about 25% or so. This means that the full amount of child support due for the year has been calculated based upon having the child for that 25%. So any "reduction" that the NCP feels they should receive is already determined into the yearly support amount. THEN it is divided into 12 installments for convenience. There is nothing to GIVE BACK, because there is no "overpayment".
In states that do NOT use the parenting percentage for support calculations, then yes, I do agree there should be some procedure to adjust for this particular situation. Not because the CP's expenses go down, but because there is a hardship for the NCP during that time that was NOT addressed when support was determined.
|
Melody
Carpal \'Tunnel
Reged: 06/02/04
Posts: 10102
Loc: California
|
|
yes, if the state does not include parenting percentage when determining support, then there should be some means of reducing support during the extended visitation.
Edited by Melody (10/30/09 10:48 AM)
|
Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 13460
Loc: Capital District, NY
|
|
Come on, I am talking about if the time changes, I would only imagine that since the states you are talking about include the percentage of parenting time, which is laid out in the order, then if the time is increased why would you, as a loving parent, not see that the monetary formula no longer accurately addresses the parenting time, and make the appropriate adjustment.
No state can figure in parenting time that does not exist. Oh wait, I guess they could if they wanted.
Hey, you could break it down to a by day basis. It might come out to 15.00 a day, if the NCP gets ten extra days from the CP, send the 150.00 to cover it. Too simple.
|
AloneInTheDark
member
Reged: 08/04/09
Posts: 136
|
|
As my lawyer in Mississippi said when I ask about if I didnt pay CS when I have the kids for the entire month of july, he said I still pay unless I ask and the court granted a waiver. He said that normally the courts look at it as no matter if i have them for a full month or not, I am still paying to maintain their home.
Now, with the marriage bills which i got all but one small charge account, I will unable to utilize the visitation at all for about 3.5 years until i get her van paid off. With 400 plus in cost to travel 10 hours, stay in hotel rooms, and feed 3 people at fast food or restaurants plus entertainment it just cant happen. I work some overtime at my job now so I cant get a second job either.
Its all fine and dandy but like others have said, when one spouse sees the CS as free money to help them live their new single life and thinks the kids dont need their dad, working together is not possible.
Especially when she is mad cause the judge gave her none of my military retirement and not spousal support since I was the one stuck with about 50k in marriage debt incuding her 2008 dodge caravan at the temp hearing and the lawyer says that from the way its worded, its not going likely the judge would change it for the final divorce IF I let her have it anyway. In MS if both sides dont agree to the divorce one party has to choose cause. Cruel and inhamane treatment being the normal one that women use so they can go do what they want with whatever man they want and not feel as guilty about it. Of course she has to prove it and I wasnt so its not happening unless I say so, me and her parents will just end up paying a lot of lawyer fees.
One last thing, MS only goes by the a percentage of the NCP's wages and she doesnt have a job yet after 2.5 months of being at her mothers. 14 percent for one, 20 for 2 kids, 22 for 3, 24 for 4 and 26 for 5 plus kids or maybe 6 plus kids, I only have 2 so I am at 20 with 800 a month.
At 800 a month, i have to take out 120 a month from the budgeted i submitted to the court. The obvious cost saving is going to be medical appointments, house and yard upkeep expenses, ect that are not true necessities.
Enough off topic though. Just ranting. Dads are important to kids, even if their mothers do not think so.
--------------------
AloneInTheDark but life goes even without being a Dad any more.
|
Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 13460
Loc: Capital District, NY
|
|
it is not that difficult, that is time that has already been figured, now the example is assuming time not figured in. Which would mean you have them for 3 months during the summer. Coomon sense dictates they will not be eating at her place, so it should not be hard to figure out the difference and give it back. I got the impression the OP was willing to work with their ex. And if he is not willing to take a fair offer, then it would seem they are off to court.
|
|
Previous
Index
Next
Threaded
[Re: 
Edit
Reply
Quote
