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#199128 - 02/26/07 06:42 PM Re: I think the point being missed here... [Re: Susanf31]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
I think she has clarified twice now that her $80 wk CS was based on her making $12 an hour, 40 hrs a week. Not $38k.

---&gt; No she hasn't.

---&gt; The first time she mentions it, she said "I believe that is the guideline for a female in TN if you cannot show proof of past income." The second time, she said "Actually my CS was based on $12.00 per hr which I was making at the time".

---&gt; I would also like to point out where she said "I have never made over $20,000 a year when I have worked." Now...if she WERE making $12.00/hour, that would be $24,960/year...so the ONLY way she could earn less would be to NOT work full-time.

---&gt; And then you throw in the $38k...which is kind of an "odd" figure to just toss in without any reason. So the possibility exists that she is capable of earning $38k IF she worked full-time, instead of part-time.
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#199129 - 02/26/07 07:03 PM Re: I think the point being missed here... [Re: Gecko]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
---&gt; Actually...she is. She WAS paying $80.00 a week and the lost her job and support was [tempporaily] lowered to $39.00 UNTIL she could go back to work. She has NOW decided NOT to return to work and wants to permanantly reduce her support amount.

Well, she's since clarified that she DID make $12/hr. but at the time I responded here, NO that is NOT what she said. Yes, she lost her job and didn't want to go back to work, but that is not what she was wanting to base a permanent reduction on. She was wanting to base it on what she said she had proof of that she's always made before and on having an additional child. Not going back to work would make it tough, ESPECIALLY if one were paying more than guideline support anyway. And if they HAD based it on a salary she'd never before earned or was capable of earning, that's more than guideline.

---&gt; It would depend on whether they are working part-time or full-time.

I was going on the basis of full-time regardless. That is what her support was apparently set at...$38K. Sounds like a full-time position.

---&gt; Correct...if she COULD earn $38k by working full-time, she that is what her CS should be based on.

Exactly. However, at first, she'd said she was only capable of earning $20K and never claimed to have ever earned $38K. Now it appears she actually did earn more than that. Yet I'm still trying to figure it out, because she says it was based on $38K AND based on $12/hr. Yet $12/hr. does not equal $38K/yr.
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Char Fox

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#199130 - 02/26/07 07:04 PM Re: I think the point being missed here... [Re: Susanf31]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
&gt;&gt;&gt;&gt;&gt;I think she has clarified twice now that her $80 wk CS was based on her making $12 an hour, 40 hrs a week. Not $38k.

I don't know that it was a clarification. It's still clear as mud to me.
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Char Fox

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#199131 - 02/26/07 07:06 PM Re: I think the point being missed here... [Re: Gecko]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
Not at $12/hr. it's not. I've worked full-time...OVERtime, at $12/hr. and NEVER made $38K. It almost sounds like she's throwing out numbers because she gave a mythical figure and got caught up in it. I dunno. Maybe she'll come back and straighten it all out. But for now, she's just confused everything.
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Char Fox

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#199132 - 02/26/07 07:15 PM Re: I think the point being missed here... [Re: almostheaven]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
Yet I'm still trying to figure it out, because she says it was based on $38K AND based on $12/hr. Yet $12/hr. does not equal $38K/yr.

---&gt; $12.00/hour is $24,960/year, but the poster claims to earn LESS than $20,000. So I'm guessing that the poster was only working part-time...probably used W-2's instead of paystubs to get CS set. That if they had been working FT, then they could earn that $38,000 her friend said.
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#199133 - 02/26/07 09:51 PM Re: I think the point being missed here... [Re: Gecko]
Geneva Offline
newbie

Registered: 06/02/05
Posts: 41
Loc: TN
I did not mean to confuse anyone.. When CS was originally set I was making $12.00 per hour but I never got over 30-35 hours per week. When I was laid off I agreed to have the support lowered to 39.00 per week.Then go back up to $80.00 I did decide not to go back to work because after daycare I would about break even.

A friend told me about the figure of 38k ( I think this is the correct amount)that if I attempted to go back and have it lowered that they could impute my income to that amount unless I had proof that I never made that.

I shouldn't have posted this I was just wondering out loud about it. I am not going back for the modification hopefully the babysitting will work out and that will help with the payment


Edited by Geneva (02/26/07 10:01 PM)

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#199134 - 02/26/07 10:01 PM Re: I think the point being missed here... [Re: Geneva]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
When CS was originally set I was making $12.00 per hour but I never got over 30-35 hours per week.

---&gt; Then your support will be imputed at $12.00/hour, full-time or $2,080/month since you are capable of full-time employment.

I did decide not to go back to work because after daycare I would about break even.

---&gt; And that is your choice, but you will STILL have to pay child support based on that wage because your ex is NOT responsible for your choice to stay home because you have additional children.

The figure of 38k I brought up is regarding TN Code stating that income may be imputed for women to this amount if they cannot show proof of past income.

---&gt; I don't know if such a statute really exists, but it's not a bad idea...kind of "either put up or shut up".
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#199135 - 02/26/07 11:04 PM ?? [Re: Gecko]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
I still don't understand that. You said "$12.00/hour is $24,960/year". But then said "if they had been working FT, then they could earn that $38,000". I still can't figure out how anyone gets $38K/yr. on $12/hr...fulltime or otherwise.
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Char Fox

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#199136 - 02/26/07 11:04 PM Re: I think the point being missed here... [Re: Gecko]
Avaya Offline
Carpal \'Tunnel

Registered: 02/09/06
Posts: 9850
Loc: Arkansas
Why does the 38k matter. You CAN prove that you never made that much, right? You have prior year tax returns and W-2's don't you?
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#199137 - 02/26/07 11:08 PM Re: I think the point being missed here... [Re: Geneva]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
How does your friend know what they based it on? Do the calculations. My guess is they based it on $12/hr., either at the 30-35 hours/week you got or based on full-time 40 hour weeks and nowhere NEAR $38K. In which case, you're very unlikely to get it lowered. But go to http://www.alllaw.com/calculators/childsupport/ and plug in the numbers and see where you get $80/wk. then you'll KNOW what figure it was based on and won't have to guess.
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Char Fox

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