PLEASE DO THE MATH

[antonin]

I would like as many of you to do the math as possible. I want to get a general consensus of an answer. Then I’ll tell you the FOC’s math. Please answer question “A.” Thanks.


“It is further ordered and adjudged that should parenting time with the minor child be modified to provide for the child to reside with each party for alternating one week intervals as provided in this judgment of divorce when both Plaintiff and defendant reside in the XXXXXX community area with each party having equal parenting time, then for a period of three years beginning with entry of this Judgment, Defendant’s child support obligation shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount as calculated based upon Defendant’s income and sole physical custody to plaintiff, whichever Child Support amount is greater; however. Defendant’s child support obligation shall not be reduced to less than $200 per week during the three year period beginning with entry of this judgment.”


1. The Friend of the Court Guidelines in my case is 209.20 per week.
2. 80% of the above amount is 167.38.

A. So, based on the provisions in the stipulated agreement and the amounts provided in (1) and (2), how much do you think I should pay per week?

[Peanutsdad]

"" Defendant’s child support obligation shall
>not be reduced to less than $200 per week during the three
>year period beginning with entry of this judgment.”"""
>




It clearly states not less than 200.

[antonin]

Okay. So..200.00 is your answer? (I'll tell you the FOC's answer when I get a few more replies..thanks).

[wendl]

well it states "shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines "

I would say $167.38 due to the OR 80%

Let me know what they say

:)

**These are my opinions, they are not legal advice**

[richiejay]

I'm thinking it is $200..IF they reduce it...If they don't reduce it...then it's $209.20.

[antonin]

Okay, yes, I agree that the correct amount is 200.00 and several highly intelligent posters support my conclusion. The FOC came with up with 44.00 more per month. The reason they did this is because they completely ignored the “shall be reduced to not less than 200.00 per week or 80% of the Friend of the Court Guidelines amount…”  I have a copy of
Guidelin 16.3 (the child support software) and ran the figures using my yearly gross income and came up with the same numbers. The FOC made no adjustments. I did not catch this error at the hearing. The good thing about the hearing is that the FOC recommended alternating weekly custody and the Court Order was issued last week and I received it.

This may appear like I am being cheap or something, but there is an issue here. I give the mother 860.00 in alimony and another 1000.00 in CS and less than 70.00 a month directly reaches my daughter. I pay for everything that makes a difference in the material quality of her life (and ultimately some of these things will make a difference in her achievement and spiritual qualities): clothes, school stuff, memberships, ski lessons, church trips, piano lessons, books, trips to museums, movies, trips to Cedar Point, King’s Island, etc, dance lessons, music, etc. etc. etc. So as far as I’m concerned that 44.00 is 44.00 more dollars for my kid as opposed to her mother.


My question is: How to proceed? Do I file for another Modification for CS?  Or is there a procedural path I can take?

Thanks.

[Bolivar OH]

No, you’re not being cheap!!!  Its your money!!!

Try calling your case worker and explain the mistake. Ask them what steps need to be taken to correct the problem.

Good luck!!!