Am I paying too much in Support?

[superdad01]

ok guys quickly I have my daughter 10-14 days. I only have the standard every other weekend for overnights though. I also can claim her every other year on taxes when I am not being screwed out of the right by her mom.

I realise that I do not qualify for the joint economic responsibility between both parties because of the lack of overnights. I currently pay $500/ month when I have her almost daily (as stated in the order.)
I also provide 100% of the transportation and as you can imagine provide dinner nightly for the child etc.

I have a wage of $16.17/hr and she was imputed at minimum wage which at the time I belive was $5.50/hr

My case is in MIchigan

_________________________________________________________

Now a co-worker of mine who makes $16.17 such as myself and has an ex who was imputed at minimum wage, just last week he was ordered to pay $85.00/week

NOw something does not seem right here.


My questions are..

 Would a judge be willing to give me a break on support because of all the excess cost that I have in regards to my daughter being with me as much as she is? food, Gas etc?

For whatever reason the system does not want me to have joint physical custody of the child, even though I do have secondry physical custody of the child... (aparently that means nothing in legal terms.)

I have downloaded the child support caculator and for the life of me I cannot figure out how to use it. If anyone would be willing to help me out with it I would greatly appreciate it.

i am somewhat nervous about bring up a reduction because I am still somewhat fighting for increased parenting time  (overnights) and there main defense is I only want to decrease my childsupport.

I have also been on the recieving unemployment benefits here and there for down weeks (roughly 1-2 weeks per month) at work. I also have this issue in the father's issues forum but it seems that applying for a change in support there would not work because by time I get back to work I'd probally be back to work full time in their eyes.

Help!!!

[Jade]

>ok guys quickly I have my daughter 10-14 days. I only have
>the standard every other weekend for overnights though. I also
>can claim her every other year on taxes when I am not being
>screwed out of the right by her mom.
>
>I realise that I do not qualify for the joint economic
>responsibility between both parties because of the lack of
>overnights. I currently pay $500/ month when I have her almost
>daily (as stated in the order.)
>I also provide 100% of the transportation and as you can
>imagine provide dinner nightly for the child etc.
>
>I have a wage of $16.17/hr and she was imputed at minimum wage
>which at the time I belive was $5.50/hr
>
>My case is in MIchigan
>
>_________________________________________________________
>
>Now a co-worker of mine who makes $16.17 such as myself and
>has an ex who was imputed at minimum wage, just last week he
>was ordered to pay $85.00/week
>
>NOw something does not seem right here.
>
>
>My questions are..
>
> Would a judge be willing to give me a break on support
>because of all the excess cost that I have in regards to my
>daughter being with me as much as she is? food, Gas etc?
>
>For whatever reason the system does not want me to have joint
>physical custody of the child, even though I do have secondry
>physical custody of the child... (aparently that means nothing
>in legal terms.)
>
>I have downloaded the child support caculator and for the life
>of me I cannot figure out how to use it. If anyone would be
>willing to help me out with it I would greatly appreciate it.
>
>i am somewhat nervous about bring up a reduction because I am
>still somewhat fighting for increased parenting time
>(overnights) and there main defense is I only want to decrease
>my childsupport.
>
>I have also been on the recieving unemployment benefits here
>and there for down weeks (roughly 1-2 weeks per month) at
>work. I also have this issue in the father's issues forum but
>it seems that applying for a change in support there would not
>work because by time I get back to work I'd probally be back
>to work full time in their eyes.
>
>Help!!!

The guy you are talking about probaby gets a credit for overnights.  If you don't have any (and I can't imagine why you wouldn't unless we are talking an infant here) overnights or not as much as the other guy, then that could be the reason.  

Also, his ex may have accepted less than state guidelines for child support.

When you said the mother was screwing you out of claiming your daughter, are you talking about her claiming the child on the years you are supposed to?  If so, file a return claiming your daughter and send a copy of the court order with it.  If you are talking about the mother claiming the child on the years she is supposed to, she isn't screwing you.  She is following the court order.  

As for the unemployment, it depends on the state.  In my state, it wouldn't result in child support being reduced (although I think this would depend on the judge, I am just going by what my attorney told me).  It would just result in less being collected and the rest accruing as arrears.  You wouldn't run the risk of losing your license as long as you are legitimately unemployed.  

[superdad01]

Well he said that they put their income requirements into the computer and that's what came out was $85.00 a week. I don't believe he has anything more then the standard every other weekend as well.

I don't have WEEKDAY overnights because the mom and system fights me tooth and nail. There is no reason why I should not have weekly overnights. SO somebody tell me why I don't got them.?

At the time my order was entered I was working 3rd shift aso overnights would not have worked. Now I am on 1st and according to the parenting time expert the change in shift does not qualify as a change of circumstance.

NO she claimed child on the years I was supposed to but due to loose talk in the order she is getting away with it. I am waiting to get into court to address this issue as well as many more.

[mistoffolees]

>NO she claimed child on the years I was supposed to but due to
>loose talk in the order she is getting away with it. I am
>waiting to get into court to address this issue as well as
>many more.


You may not need to. The IRS has relatively new rules to clarify who gets the deduction. Typically, if you're providing over 50% of the support - and can prove it - you're entitled to the deduction unless the court order SPECIFICALLY says she gets it.

On the other side, if your court order says that YOU get the deduction, then you should take it - if she wants to claim it in violation of the order, that's between her and the IRS. I would simply send a copy of the court order with your tax return.

Bottom line, deduction is determined in the following order:

1. Court order specifically stating that one parent gets it is top priority.
2. IRS rules define who gets it based on percentage of support.
3. The IRS has tie-breakers. If both parents supply 50% of the support, one of the tiebreakers is which parent has the higher gross income.

Her wishes don't have any bearing on any of those things unless you let them.

[notnew]

When are you going to head back to court? I've been wondering  how things are going for you. I'm sorry to hear about the job situation. Won't your ex be graduating from nursing school soon and getting a job? That will be a prime time to get a review of your CS order and you could get it changed then.

The laws are very loose in so many areas. They state the law and then have the last part say something to the effect of "or as determined by the court". This makes the "laws" meaningless because the judge can decide how the law applies or even if it does!

How are things going with your attorney?

[superdad01]

Sorry for the delay guys. For some reason the site would not recognise my password when I tried to log in.

I have no idea when I'm going back to court... I just dropped off another letter with the attorney, basically saying her conduct is unprofessional and not in my best interest. I also asked for a itemized bill and asked to be refunded my unused amount. (which I'm sure there will not be any)  I told her I am hesitant against  filing a complaint against her and would rather come to a compromise between us so to speak. I gave her 10 days to get back with me.  This paper was alot more official looking then the last one, So If I do file a complaint I'll make sure they get a copy of it.

Now my unemployment situation was only temporarily just longer then I am used too. basically 4 weeks off. but the drop in income really hurts when they take full support out of a check that is already cut in half. Now they are "double dippin" (FOC talk) because I worked 1 day in a week and they take full support ouf of that day ( so I get a check for like $30) and then they took the full support out of the unemployment check for the same period week.  I went down to the foc they made a note of it and I got the statement from them saying no more will be deducted from my unemployment but the check I just got today, I was double dipped again... lol

As it stands now I just don't have the money upfront to pay a attorney. I'm still scared that my change to first shift will not be a certified change in circumstance to warrent my overnight parenting time throughout the week. According to the parenting time specialist who I was waiting on her decision it is not. I can't afford to waste any more money.

But the parenting time lady did reccomend that during the summer months that we go week on week off but my attorney situation has not gotten me back into court to get the reccomendation filed with the court. She also reccomended my CS go up $30 month. Another reason why I have not filed that with the court.

I've been trying to have a sit down with the child's mother thinking maybe we could work out an agreement that would be a little better then what i got now. Well she keeps draggin her feet on it. It's amazing that someone who has no job and no car and no whatever can be so dam busy all the time.

I still have no idea of when her mom will be done with school or if she is done with clinicals or what's the deal. Apparently I heard she is taking the summer off. I guess she needs to work on her tan while living off the childsupport comming out of my check every week.

Now I got an appointment with a case worker monday to go over a past overpayment in support and and my double dippin woes.

[Ref]

"Special rule for divorced or separated parents.   A child will be treated as the qualifying child or qualifying relative of his or her noncustodial parent if all of the following apply.
The parents:

Are divorced or legally separated under a decree of divorce or separate maintenance,

Are separated under a written separation agreement, or

Lived apart at all times during the last 6 months of the year.

The child received over half of his or her support for the year from the parents.

The child is in the custody of one or both parents for more than half of the year.

Either of the following applies.

The custodial parent signs a written declaration, discussed later, that he or she will not claim the child as a dependent for the year, and the noncustodial parent attaches this written declaration to his or her return. (If the decree or agreement went into effect after 1984, see Divorce decree or separation agreement made after 1984, later.)

A pre-1985 decree of divorce or separate maintenance or written separation agreement that applies to 2006 states that the noncustodial parent can claim the child as a dependent, the decree or agreement was not changed after 1984 to say the noncustodial parent cannot claim the child as a dependent, and the noncustodial parent provides at least $600 for the child's support during 2006. See Child support under pre-1985 agreement, later. "

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Basically it says that no matter if you pay more to support the child, if the child lives primarily with one parent, they get to claim. The only override is if it is in a court order OR if your ex signs a declaration.

Good Luck
Ref