1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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The $83 isn't even correct because for her to make ANY income, she would have to pay far more than $83 a week for daycare. If she works full-time, his CS goes UP. As soon as she starts pointing that out, he will probably back down like my ex did.
If they are going to run the CS calculator with her imputed income, then they also must use the daycare costs they would incur for her to make that income.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20048
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Gal... agree in theory, but I think it will be a moot point... regardless of how much they both agreed in the past for her to be a SAHM and home school... I don't foresee that being a an option for her anymore, especially considering her dh is an active alcoholic.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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TomatoFace, here is how you fight this battle.
Have HIS lawyer pull up the CS calcultor and have him show you what he is imputing you at. THen you say "Ok, but for me to make that, I have to put 4 yo in daycare. I've researched good, quality daycares and here is what they cost a week. Plug in what you are imputing me at monthly and then plug in the daycare costs and lets see where that leaves child support."
Since you can only be imputed at Min. wage, the CS calculation will go UP. Then you say "Ok, if you insist on imputing me, I'll take that additional amount." Then your h will say something like "you know, now that I think about it, you saying home with 4 yo a couple more years is in the child's best interest...blah, blah, blah..."
Now, IN THE MEAN TIME, your job is to go around and get rates of the best daycare facilities in your area. Have their rates with you when you have the converstaion above so you can show them, without a doubt, what full-time daycare really costs. That way, they can't argue with you that your figures are wrong.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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I don't know, Sherron. There are a lot of functioning alcoholics in this world.
But in her own best interest, she would be a fool to try to keep homeschooling and not seeking full-time employment quickly. No matter what her divorce settlement is, it won't be enough to sustain her long-term.
TomatoFace, one more bit of advice. If this gets ugly, simply throw up your hands and say "That's not enough. I can't get by on that. You will just have to take the kids. I'll work full time and pay you $83 a week in CS."
My ex was playing hard-ball until I did that. He kept threatening to take the kids from me, thinking that would scare me so badly that'd I'd agree to anything to keep them. So, I called his bluff. I said "ok, you are just going to have to take them. You'll have to change jobs, stop traveling, stop drinking, stop working overtime and make taking care of the kids your top priority while I spend the next decade focusing on my career...and I'll pay you $83 a week in CS. Bobby has a haircut appointment next Friday, Susie has a dr. appt. tomorrow at 1:00. Billy has to be at a birthday party at 10:00 on Saturday. Susie has soccer 3:00 - 5:00 every Tuesday and Thursday."
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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It is absolutely customary for states with shared income support models to impute wages for non working parents. Dealing with NM, BM has had wages imputed 90% of the time whether she makes that money or not.
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13.1...because I am only half crazy!
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20048
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"I don't know, Sherron. There are a lot of functioning alcoholics in this world."
Well, if your advice is to depend on a functioning alcoholic to pay your bills and support you and the kids after the divorce while thinking your expected contribution of less than $4/day/kid is unreasonable... we'll just have to disagree.
Best of luck, TF.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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Wow, that is REALLY amazing, you were willing to reduce his income, for ALIMONY purposes, THAT low so he would take the kids? Wow, just wow, you are SO giving.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30195
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How about this, get off your ass and get a job, the 4 year old goes to headstart (or reduced cost daycare) and you WORK for a living.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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TomatoFace
recently joined
Reged: 10/21/10
Posts: 15
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Yes..they input me as making someting like 330 a week...boiled down it computes to my contribution being 83.00 when there is nothing there to work with...
I understand that eventually I will need to be gainfully employed...
He borrowed 3K to start this whole process, and he has been sober for 1 year...he has not contested the counter claim of adultry and substance abuse.
I am still waiting for the pro bono office of CT to get back to me...for weeks....no one will take you pro bono in CT...which is why I am posting here.
I will be presenting in front of the judge this coming Wednesday concerning computations of CS and SS...this is for TEMP ORDERS...I just can't maintain a household on the meager (and incorrect data) that he and his attorney are using. BTW: I think he is running out of money soon, as he is now "magically" not contesting the 8 hours of visitation he recieves every week. HE moved out of state...and left me here after only 8 months....
The landlord is unaware, HE has chosen to pay rent only until the end of December...
What they are doing is forcing me to go back in to the workplace, pop the older ones in public school, and send the little one to daycare...He lacks the desire to be responsible...(hence the addictions)
I thank you all for explaining some of this to me..it's what I supposed all along to do....and until I can afford an attorney, or have one appointed to me through legal Services, I am my own voice.
THANKS FOLKS!!!!
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TomatoFace
recently joined
Reged: 10/21/10
Posts: 15
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Yes..I have this information....as a matter of fact, he offered to pay, then recinded when the price came in...I actually showed him the packet in court waiting on Sept. 22, for our initial temporary orders..LOL....
THAT IS A GREAT IDEA.
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