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Author Topic: Does new kid lead to lower CS?  (Read 5283 times)

MixedBag

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RE: Does new kid lead to lower CS?
« Reply #10 on: Sep 16, 2004, 01:35:47 PM »
Have you ran the figures against an on-line calculator to see IF dad is truly paying too much?

If you're in a state where they just use the NCP's income -- then you may be SOL....

EX#2's fake-wife complains alot too because I don't pay much in CS -- no secret there, but I pay all the transportation, so anyways...

My come back to her is that SHE should go out and get a job instead of sitting at home doing what she does (she was homeschooling and sells stuff on E-bay).  Since she has 4 kids (now only 2 at home), she carries 4 times the responsiblity to bring $'s into that home (now for 2 kids) vs. my responsibility to THAT home.

So I get you too.....and the only thing that comes to mind is to research the law and CS guideines to see IF you guys are really overpaying right now.


annas mom

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RE: Does new kid lead to lower CS?
« Reply #11 on: Sep 21, 2004, 09:39:10 AM »
Be careful what you ask for....

My brother just went to court to try and get his CS lowered b/c he and his new wife just had a baby. Not only did the judge not lower his support, he actually raised it 23.00 a month b/c he had gotten a raise at work since his last worksheet was done.

Unfortunately, I couldn't have any sympathy for him. I told him that just because he had a new baby does not mean that his first child needs less provision. Whenever you chose to bring a child into this world you are adding responsibility (physical and financial), not just shifting it from one place to another. Just as I don't think his son's CP should get a raise in CS if she has another child with her new husband, I don't think he should get a decrease in CS for having another child with his new wife. What's fair is fair.

Hope that doesn't offend you...just my opinion.

purrrfectgirl

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RE: Does new kid lead to lower CS?
« Reply #12 on: Sep 21, 2004, 11:00:36 AM »
The sad part is if your briothers ex had another child she would certainly get CS raised.  SHe has another responsibility and her first child doesn't matter quite as much as before the new babay.  And your brother's ex would also get to jack up his CS because he'd probably have gotten another raise.  I mean I see your point, but the logic is flawed because the rules that apply to him don't apply to his ex.  Just wanted to add that.  The system is not fair.  And if two people are married and they have additioanl kids they don't continue to nessecarily spend the same on the first kid after the second child's born?  The CS calculation aren't even that dense!

nosonew

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RE: Does new kid lead to lower CS?
« Reply #13 on: Sep 26, 2004, 07:22:37 AM »
WOW, ours did decrease significantly with our children, from over 900 to 720, then with second child, decreased to 550...not enough I think, but alot better than others have gotten.  Do be careful regarding raises and increased income on your side since the last order, as well as decreased income on her side, that is what makes the difference I think...

KAT

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So what you are saying is that...
« Reply #14 on: Sep 29, 2004, 06:44:36 AM »
NO ONE until and/or unless they have a 100% increase in pay should have ANY additional children because that will take away from the FIRST child? Or is this just a bias statement made against families that are no longer together?
KAT


oklahoma

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My thoughts exactly....
« Reply #15 on: Sep 29, 2004, 02:21:08 PM »
The CS system takes CHOICE out of the equation.  The custodial parent can choose to have more children, and simply adjust their expenses, so that the children are equally cared for--rather than the first-born receiving a set amount, and the second receiving what was left over.

The CS-paying NCP does not have that choice--the first child receives the exact same amount of money regardless of what happens and regardless of what the rest of the family has to go without.  The laws do allow for a few exceptions in changing CS--but they do not even touch the possible occurances that would affect a family's available income.  (And the process is so slow that even if you are able to change CS to an appropriate amount, it was probably after several months of struggle.)

KAT

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YUP!!!
« Reply #16 on: Sep 29, 2004, 05:00:46 PM »
It's just toooo bad that your car broke down, you had medical bills, you had to help an elderly parent. Heaven forbid you need a cap on your front tooth or something. You pay and it doesn't matter a fig that the CP parent doesn't contribute a dime to support, collects tax free dollars you pay it, you pay taxes on it and you take it up the behind no matter what happens. No wonder parents fall behind. No wonder so many parents just split.
But times, they are a changin'. Once these kids are no longer made pawns in a game that carry rich cash rewards, all will be made right in the world of family court. (for the most part anyway. *wink*) Of course some parents might have to get jobs...you know, to support the children when they have them during their share of parenting time...*sniffle*.
Regards;
KAT

TCG

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RE: YUP!!!
« Reply #17 on: Sep 30, 2004, 01:00:05 PM »
Our CS actually went UP when we had another child.  How did this happen, you ask.....Well, net pay is figured by taking gross pay, subtracting taxes/etc.  Our situation is this - original CS was figured off DH's net with only DSD claimed as a dependent..  After having two boys, he now claims 3 dependents.  Now, what happens when you claim more dependents?  They take out less taxes.  What happens when they take out less taxes?  You have greater net pay.  So, say you have $2000 gross with one deduction, they take out $500  in taxes (just throwing out random figures here)...leaving you with $1500 net.  In my state, one child gets 20% net, so $300 CS per month.  Claim 3 kids, they take out less, say $300 per month, giving a net of $1700 - 20% of that is $340 CS.  That's just figuring on the same income - imagine if he'd had a raise in the meantime!  Our CS went up $350 per month - if it had only been based on one deduction, it would have only gone up $150 (based on his raise).  

If anyone has a way around that one, I'd love to hear it - the IL guidelines are specific about saying "properly calculated withholdings" and I haven't been able to find anything that says "properly calculated" should mean that only the child of the divorce should be used as a deduction for purposes of figuring that child's support.  

jolawanda

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I am gonna answer without reading the responses....
« Reply #18 on: Sep 30, 2004, 05:37:17 PM »
just cause I don't feel like reading all of those....


BE CAREFUL....once you include your child, YOUR income is included in the CS calcs.....


BE very careful with second family incomes....

jolawanda

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Oh hell.
« Reply #19 on: Sep 30, 2004, 05:42:20 PM »
Mr. Jola's CS went UP when the X (whatever you wanna call her) actually got a job.....Hmmm. Mr. Jola didn't get an increase in income but, HIS went UP cause she finally got a job?
And then, the kicker....Mr. Jola filed for the TWENTY THREE y/o to finally get off the payroll and the Xthang showed check stubs of nearly 3500 a month in INcome but, they only counted around 1500........


gotta love the lovely state of newfuckyajersey...gotta love it! :(

 

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