
frgle
recently joined
Reged: 08/19/12
Posts: 2
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Let's see if I can clear a few things up! I knew I needed to give more info., but I was tired and sleepy when I posted.
All that aside, we use a state child support calculator to figure up the amount I owe. My ex and I have been trying to work things out without lawyers for a year and a half and we have done fairly well. So the biggest factor that decides the CS is the # of overnights. If I have my child 123 nights or more we end up with the $189 amount. One day less than that and it jumps to $446. A bit too much of a jump if you ask me but it is what it is.
And let me be clear, I do not shy away or try to get out of doing what is right or paying what is right. I just want it to be right. And $300 is worth the time to make it right. I personally think that $189 is too low. My child deserves more than that.
Anyway, the previous or the current amount is not court ordered. We worked it out ourselves. And, yes, a second job would be figured into my CS payments. Here are the other #'s: I make $38,000 per year and she makes about $60,000. According to my budget, after all bills are paid, I have approximately $130 left over. (And remember, this does not include rent, power bill, water bill or the luxuries of sat. TV and the internet.) As long as I don't have any "suprises" during the month. Car problems, sickness, ect.
I guess what I am asking is, are there any exceptions made for people who are in extreme financial distress like me? Not a hand out. Just assisstance so I can take care of my child until times get better.
Thanks for the comments. I look forward to more!
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MinnesotaMom
member

Reged: 01/05/11
Posts: 197
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The courts where I'm from would have no mercy. I don't think they care if the non-custodial parent lives in an old refrigerator as long as they make their paymwnts.
If I understand you correctly, you are getting credit for having the child for 123 nights or more. The question is, and probably the only thing that will be relevant to the court, is DO you have 123 or more overnights? If so, then you will pay the reduced amount.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2019
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Per the court order, what is the number of overnights? Because that is what the court is going to go by.
Your expenses don't matter. Just like hers don't matter. The guidelines are what they are. And whether or not you are able to agree to a different amount than what the guidelines state is going to depend on your state's guidelines. Some states won't allow a deviation, some will.
You can try making a counteroffer, but if your child is young enough to require child care and all you have to pay is $446 a month, well, I would be surprised if your ex accepted less than that given how expensive childcare is.
But was the previous amount signed off by a judge? If so, then it IS part of the court order. A court order isn't necessarilly one that a judge ordered all of the terms. When a settlement agreement is signed off by a judge, that makes it the court order. Even if the judge didn't specifically order any part of the terms.
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