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Messages - joni

#41
Child Support Issues / RE: Do I have options/
Jun 25, 2005, 07:43:09 AM

If, all of this is true, why not take your children and go to the local FBI office or Department of Homeland Security and asked to be put in protective custody and report all of this?
#42

and the sad thing is a judge would tell you that your DH's first obligation is to his first family and he should cut back on HIS standard of living to make ends meet.

and the custodial parent doesn't have to justify a thing on how they spend the child support....
#43

thanks for that input....I do plan on winning the lottery....hopefully sooner than later....so I'll know how to treat it for CS purposes!

;-)
#44

the government figures do not include childcare, the annual amounts are for  housing, food, transportation, clothing, health care, education and a miscellaneous amount.  
#45
Child Support Issues / RE: another consideration
Jun 14, 2005, 04:19:09 PM

yes it can be switched to where you live.  check the rates and laws before you make any changes.
#46
Child Support Issues / another consideration
Jun 14, 2005, 06:23:45 AM

before you start muddling thru the various state jurisdictions....consider this.

right now, UT is your jurisdiction for CS because you consented to it.

AZ would be the jurisdiction for child custody or visitation once the child lives there six months.

as far as future child support goes, YOU have 3 jurisdictions to choose from.  you can 1) stay in UT and continue to stay in UT because you consented to it at the divorce 2) agree to have the new CS jurisdiction moved to AZ because child living there now but you would have to agree to this since you don't live there or 3) change your jurisdiction to NC because you live and work there now.

WHY?

We're in the same situation with IL (where we live), MI (where divorce was) and NY (where child now lives).

Our jurisdiction for CS continues to be MI.  Why?  It's got the most economic rate for child support calculation at 13%, versus 17% for IL and 21% for NY.  Also, CS ends with high school grad in MI.  In NY, if child goes to college, we have to pay thru 21 and be liable for college expenses.

So do the math before you make your decision.  I ran some quick numbers for you at this site, not sure if it's accurate.  So check with your attorney before you do anything.

http://www.alllaw.com/calculators/Childsupport/

It appears as though NC might be your best jurisdiction.  I ran a scenario where you and the mom made the same amount each month at $5000.  UT has you paying $410, NC is $277 and AZ is $482.

Do not file any paperwork or agree to anything new without finding a new atty.  Get one who's certified in family law and is familiar with parties living in different states.  You can find one at //www.aaml.org/directory.htm
#47

BUT...you're following a court order and I'm assuming the amount you pay her each month agrees to that court order?  I'm also assuming you mark clearly child support on the memo section of the check.

Some of the people who have been spanked as a 'gift' paid the mom a check without a court order.  Usually because the parties were freshly separated at the time and the dad was being a good guy and tried to pay child support on his own.  Mom got vindictive and managed to get none of it as counting as support.

I share in your paranoia.  We're always waiting for the next bomb to drop in my husband's case too.  I think you're OK since you're following a court order.

Hopefully some people in your same scenario can share their experience.

Stay away from the agencies if you can........
#48

Illinois doesn't use the custodial parent's income when they calculate the child support obligation.  So her earning capacity, or lack thereof, would have no bearance on the amount of obligation that your husband is responsible for.

For that matter, your income and your assets are NOT a factor either.

A contention here is possibly she's not using the money for the children.  That's extremely difficult to prove.  We tried that route.  The children would have to be malnourished or naked and you'd need witnesses and proof of this to get her into trouble over how she spends the money.

Most of us in this community are extremely frustrated by the amount of child support we have to pay when we see it doesn't go to the children.  My husband pays $1400 for ONE child so I feel your pain.  We live paycheck to paycheck too.

As sad as the ystem is, the custodial parent does not have to account for how they spend the money on children.

Clearly, his Ex is on a fishing expedition thinking for whatever reason, that your husband is making more money than he did at the prior order for child support.  The only exposure your husband may have is if he's not making his market potential at his job.  If that was the case, the judge could assign a market value to his wage, what it should be, and calculate child support based on that arbitrary number.
#49

How did you determine the amount to pay your Ex wife?  

Was it via a divorce agreement?  

Did the two of you come up with a mutually agreeable amount?

I again would recommend NOT to go through a Support Agency.  We do and deal with miscalculations at least once a year.  

I know other people on this board are not paying through an Agency and are protected.  Hopefully someone else can give you insight as to their scenario.
#50

is the child still in school?  otherwise, as long as it falls within the parameters of your state's guidelines, the child's income isn't a factor.  If the child's 16, a junior in high school, they're clearly a minor.  If they're 17 and recently graduated from high school, you may have a case otherwise.

http://www.ncsl.org/programs/cyf/adultsupport.htm

Pennsylvania
   
Termination of support at 18 or completion of high school, whichever is later
   
23 Pa. Cons. Stat. §4321(3), "Parents may be liable for the support of their children who are 18 years of age or older."