Is anyone there? Need info on cs guidlines

[tulip]

I am trying to find out how cs is calculated or modified when custody is changed to joint 50/50 parenting time. I looked on the links here, but didn't really find what I need to know. Hopefully they can come to an agreement in mediation, but if not, it will be determined by the court.

[Brent]

It might be best to post your question on the main Child Support Board (http://www.deltabravo.net/dc/dcboard.php?az=show_topics&forum=163), unless it's specifically a Minnesota-related question.

[Dibella2]

Normally it's based on the Hortis/Valento formula.  You can google Hortis/Valento and it brings up quite a few links.  

[tulip]

I found the info I was looking and it was kind of discouraging. The amount of his offset is determined by her income, so if she never goes to work, that doesn't help much does it? Are you familiar with this formula? Cause I'm just wondering if I'm understanding this right. His amount is determined by his net income. If he has the kids half the time that is cut in half right? Then if she has any income to offset it, then that is taken out of the half of his regular monthly obligation? Is that right? Does that make sense?

[hisliltulip]

We have SS every other week.

They figured child support as her having custody, then cut it in half.  Plus he got some taken off because he pays for preschool and daycare on his weeks.

Right now he pays 43% of what he would pay if she had full custody.

This was decided less than a year ago, so it should be up to date.

And yes, if she doesn't work, they put a big fat zero in for her income.  BM miraculously started working again one week after the CS judgement.

Gee, do you think that might have been planned?

Anyway, hope that helps.

[jurroppi1]

When the Hortis/Valento formula is used to calculate CS, it is considered to be an application of the CS guidelines. So, you have to ask that her income be imputed to her level of ability to earn. When Hortis/Valento is used, both parties are considered to be CS obligors, therefore all the rules should apply equally to both. If the situation was reversed, they'd damned sure impute your income, you can bet on that!

When I speak about ability to earn, I'm not talking about part time work, or that she would have to get a babysitter, blah, blah, blah... That stuff goes equally for both parents, so the argument is hogwash! At very least they should impute an income to her of full time minimum wage, just about any willing person can find a job at that level...

[Dibella2]

We have motioned twice now that BM's income be based on her being gainfully employed.  None of this part-time work crap because she wants to spend time with her kids - WHEN SHE ISN'T EVEN THE CUSTODIAL PARENT - and it's gotten DH nowhere fast....

We DID, however, get an evidentiary hearing.  Not really sure where to go now.  Now we have to prove everything, which is going to be very difficult.

Any suggestions.

[jurroppi1]

yeah, ask for a vocational evaluation to be done on her. You know as well as anyone else, if it were a man in her shoes they would insist that income be imputed at at least 100% of full time minimum wage for a large business. She could work at McDonalds for around 7-8 dollars an hour, and I've heard many a judge tell a man that exact thing. The law is what the law is, and you must ask that they apply it in a fashion that is equitable not only to both parties, but the child(ren). The fact of the matter is, that she shares a responsibility to provide both emotional and financial support to her ability to earn, just like dad does. Ask the state DHS, they will tell you this verbatim. Unless of course, they don't hold true to their mantra of the aformentioned, which is generally displayed prominently on the CPS web page.

[Dibella2]

A vocational evaluation?  Who does that?  I can't believe we've been dinking around for a year and a half now.  After three court hearings, they finally say, "Hey!  There's enough evidence here for an evidentiary hearing."  What changed their mind?

[jurroppi1]

Check this out: [A HREF=http://www.deltabravo.net/custody/voc-eval.htm" Target="new]Ex-Wife Refusing To Work?[/A]

They probably realized that there was enough evidence, and that if they denied an evidentiary hearing the appellate court would overturn them on it. The appellate court has done just that on many occasions.