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willowbreeze
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Reged: 04/22/12
Posts: 1
Help with Child Support Question
      #783643 - 04/22/12 08:54 PM

I have been divorced for 3 1/2 years and have joint legal and physical custody of my 17 year old son with his dad. He pays me child support each month. I got an email from his this week saying he met with his lawyer and the lawyer told him that the child support I receive from him is to pay for ALL of my son's expenses...including ALL of his clothes, shoes, personal care items, haircuts...even for the 3 1/2 days a week he is with his dad. For the last 3 1/2 years I have paid for all of his expenses when he is with me, and my ex has paid for this clothes/personal items for when he is with his dad. It doesn't seem right that I would pay for everything. I have a meeting with my lawyer next week to see if this is true. My ex was basing it on he Michigan Support Manual - MCSFM 1.02 (A) which reads: A child support obligation includes payment for the general care and needs of a child. Help please! ( my ex will have documented every penny spent on my son in the last 3 1/2 years and give me a bill for what he now thinks I owe him based on these findings. That is why this is so important for me to find out.)

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javajunkiee
Carpal \'Tunnel
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Reged: 06/01/08
Posts: 3195
Loc: SC
Re: Help with Child Support Question [Re: willowbreeze]
      #783672 - 04/23/12 04:32 PM

I'd like to say that cs paid to you is for your son's care when he's with you, but your cs order may say something else. What does it say with regards to expenses?

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islandlawyers
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Reged: 04/23/12
Posts: 2
Loc: Hawaii
Re: Help with Child Support Question [Re: willowbreeze]
      #783679 - 04/23/12 06:35 PM

Typically a state's child support guidelines (remember: each state has its own guidelines) in an _equal timesharing/joint_ custody situation reflects the offsetting of each party's child support obligation against the other. Thus, the amount of support paid from parent A to parent B is the difference of the two amounts. As such, the guidelines envision that each party is paying for the child's expenses during the time that the child is with them, and again the support payment reflects the differences in income. For example, if the two parties have equal incomes, neither would pay the other -- each pays the child's expenses during their respective time.

You really should speak to a family law attorney in your jurisdiction to clarify the details. Good luck.


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safensingle
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Reged: 04/23/12
Posts: 1
Re: Help with Child Support Question [Re: islandlawyers]
      #783681 - 04/23/12 09:27 PM

Hi, I am in IL not Michigan so this may not relate but I did find this article [censored]://bgdivorce.com/how-a-divorce-court-in-illinois-determines-child-support/ regarding child support "not constituting a windfall" - if your ex was able to get by with this wouldn't hat be a windfall?? I am anxious to hear what your lawyer says.

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