Do they calculate my income into child support?

[mango]

My DH works, and I work. I make slightly more then he. We have 3 kids of our own together. Right now we share 50/50 of his 10Y old SD from previous, and have no CS support order. We think the BM will file for full custody when she turns 12, and start asking for CS.

Realistically do they calculate my income into the formula?? Because they have asked for my W-forms many times in the past. Plus they look at our taxes which show our incomes combined?

Also, his ex has 2 masters degrees and 2 bachelors degrees, but hasn't worked in over 3 year?. Does that go against him since her average income in none? (Incase you were wondering, her mother has been paying her rent and car, and living expenses, along with help from student loans)

Any know, I have no idea.

[Kitty C.]

First, see 'assessing $$....' on Soc's board, because it sounds like you've got a good case to inpute her wages.

Second, NEVER give them your W-2's!  They have NO business knowing how much you make, because it is NOT a factor!

[mango]

When you say input her wages, she doesn't ahve any. Do you mean input the grandmothers? Since she has been supporting her?

They requested my W-2 through the courts. I refused, and they said it was "part of our my DH's taxes", and I had to give it up. I was mad. None of her beeswwax what MY wages are.

[rini]

hi

make up seperate tax returns for both of you.  submit his only to the court.  do his married filking seperately and calculate his tax burden that way.

rini

[Kitty C.]

As for the taxes, you give them copies of your return, and black out EVEYTHING that pertains to you, including wages and such.  Next time, you DO have the right to refuse, because your income should NEVER be used to calculate.

Inputing means figuring out what she's 'capable' of earning (education, what she's earned in the past, what she's trained to do, etc.), finding out if tehre is that type of employment available in her area, andwhat she can earn there.  If she's never worked and is able bodied, you can inpute minimum wage.  Soc's statement that I mentioned above says it all.

[Dr.Stepmom]

You WANT them to use your income to calculate.

If your income moves your husband into a higher tax bracket it will actually cause his support to go DOWN!

At least this is the case in CA.  I make significantly more than my husband.  When we got married we added my income in and because of his now higher tax burden his support dropped.

[Kitty C.]

It's the same here, but let me ask you this:  What's the difference between 21% of $35K and 19% of 40K?  It's an INCREASE of 20-25 per month.  And many states do NOT take into consideration what your tax burden is, they only go by either gross or net.  Bottom line is that ONLY the biological parents are legally financially responsible for the child and stepparents' incomes should NEVER be used in CS calculations.

[mango]

No I do not want them to calculate my income. But it seemed as if they were doing it  somehow. With our joint taxes, and wanting my W-2's. What choice did I have if it was court ordered that I provide it?

Next time I will black it out.

Bio-Mother is capable of making +60K a year. Much more then my DH and I combined. She simply chooses not to work, and blames him for not being able to find gainful employment.

Long story-short, She tried to move herself and my step daughter to another state for a job opportunity. But court poo-pooed it. but it was suggested by the court she move back to Ohio if she wanted any custody of their child. So she did. But now says she can't find a job.


Blames the father because of the father Sued for custody and forced her to stay in a place that was not career friendly for her, and has been unable to find work in Ohio.

Ohio is not bad for employment, and she has 2 Masters, and two bacelors, I would think she can find something suitable.

[Kitty C.]

By saying your income info was 'court ordered', do you mean subpoenaed or the opposing atty. asked for it in the interrogatories?  Until the court itself demands it (subpoena submitted by opposing party), you do NOT have to produce it.  And even if you do get a subpoena, your atty. should be able to argue that it is inadmissable based on state statutes.  If the state code ONLY talks about the bio-parents incomes when discussing support, that's your argument.

[KAT]

Work it up on the calculators. OH isn't much different then VA. When I take biotrolls income at min. wage (she's not even worth that much) then double it, DH would actually have to pay MORE. Why? Because it increases the shared income level. So HA, let her THINK she's winning by blaming your husband for her willful failure to financially provide for the children. Then when the kids turn 18, you print out how much was paid by the father & then have them ask Mommy how much money she contributed to their care. Might suprise you just how much that might come out to. Here it's $120,000 for 5 years, I guess bio provided the single wide pink trailer though. *THUD*
KAT