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equal time=less CS?

mnmat86's picture
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Hello, I had a question for anyone who's been through this that might have an answer. My FDH is looking to change careers..Basically he's overworked and underpaid. He works two jobs-one he really hates but basically the whole paycheck goes to CS. Because he gave money directly to BM when he was unemployed and didn't document it he now owes back CS. He's constantly afraid of BM finding out about his better paying job because if CS takes out the same % we would pretty much have nothing to live on.
I think he's afraid of changing to one better paying job for the same reason. If they take whatever % of his check we'll have nothing left. Or at least that's what he said. Is that how CS is calculated or is he misinformed?
The thing is we have SDs every weekend. He picks them up from school on Fridays and they are here until he takes them to school on Monday. They're here almost 4 days a week, and every weekend we are shelling out more money for food, clothes, etc to take care of them on top of CS. I wish we had more money to provide for them directly, and he also feels that he still doesn't spend enough time with them. I think he should petition for equal time, maybe Friday through Tuesday and get his CS payments reduced. Has anyone been through this and did it work out? Thanks!

nothinforya's picture

A lot depends on how the system works in your state. I only know Virginia. Here, you should absolutely petition to change the custody arrangement to reflect what is actually happening, and the CS will change accordingly. Your state should have a CS calculator online that you can access. Google it. You can do this stuff without an attorney. Even with an attorney, it can take a long time. Attorneys are very expensive. Shockingly expensive. To file petitions on your own is very inexpensive.

RedWingsFan's picture

Depends on the state his divorce and court order was established.

As far as I know, each state has a CS calculator based on income and time with children.

In DH's case in Colorado, 50/50 time and his and BM's income was calculated for him to pay $250 per month CS. Now that SD14 is living with BM full time, she took him back to court and got more than double that, $550...

I'd start looking into the state's calculator to get a better picture.

TASHA1983's picture

CS is the devil!!! LOL

Red - My man would KILL to pay what you pay! He pays 920.00 for one kid. FML. Sad

RedWingsFan's picture

I remember you posting that before. Holy Hell! How much time does he get with the kid Tasha?

TASHA1983's picture

The visitation schedule per the CO is EOWE & every Wedn for 2 hours. Evenso he shouldn't be paying 920.00 a month for one kid! IMHO.
My BS9 father is NOT involved at all and he is only ordered to pay 106.00 a wk and with arrears it comes to 574.16 a month he is ordered to pay. My BF is getting financially raped & don't even get me started on how much better off BM/skid is and lives than BF because of him having to pay her 920.00 a month... Sad

RedWingsFan's picture

In your state Tasha, is CS based off both parent's incomes AND the amount of overnights kid has with each?

TASHA1983's picture

Honestly RWF I am not 100% sure on that. I know when I went for CS with my ex, also in the same state of MA like my BF, there was never any questions asked about how much time would be spent with each parent. We both just had to submit F.Stmts and it was based on his GROSS income, period. I know that my BF CS is based on his GROSS income...nice huh? Sad
So of course the bitch is going to get ALOT more than she fucking needs/should for one damn kid!!! GRRRR!!!

We recently did the online CS calculator and it didnt even really make a difference if BM was calculated in as making 200 or as much as BF, she still gets a chunk from BF based on his GROSS!!!

MA SUCKS FOR CS!!!

Tuff Noogies's picture

*snort* }:) unless your BM is a worthless, homeless, jobless POS like mine. CS is theoretically supposed to maintain an even standard of living between both homes, so at least here that means we get to support her lazy, incompetent ass just to make sure they have clothes, food and roofs in both places. instead of her GETTING A JOB........ nice. i want them to have better than just the basic necessities, but BOY it chaps my ass that she gets a free safety net.

Rags's picture

This is why ability to support and provide for the kid should be THE primary consideration when awarding custody. Barring any abusive situations of course.

No NCP should have to supplement the quality of life for an X unless it is required in a prenup or establised by contribution during the marriage. An example would be when one spouse supports the other through a degree or while building a business.

It just chaps my butt when a useless POS X benefits from the success of the other spouse just because of spawning. This is nothing more than prostitution on the installment plan.

CS should be set as a percentage of what it costs the CP to provide for the kid at the CPs self provided standard of living. An NCP should not be forced to augment the CP's standard of living or even the kid's standard of living when the kid is with the other parent.

In our case I make a shitload more than my Skid's SpermIdiot and as a graduate degreed CPA so does my wife. We never abused the NCP spermidiot for CS but we damned sure held him accountable for supporting the SKid and also made sure that our son had equitable access to his SpermIdiots income so that our son would never have to hear that his SpermIdiot did not give a shit enough to at least pay some level of CS. The fact that the SpermIdiot went on to spawn three younger also out-of-wedlock kids with two more baby mamas should not cost my Skid access to his share of his SpermIdiots income..... regardless of how much his mom and I make.

Basically I ascribe to the philosophy if you can't feed em, don't breed em and if you do breed em then you pay. But that payment should not augment the lifestyle of the other BP.

If CS had been set at 50% of what it cost my wife and I to raise SS from age 1yo (we married when he was 1) until he turned 18 DickHead would have paid us ~$125,000.00 in CS rather than the $40,000.00 that he paid in the 17 years that our CO was in effect. My numbers are based on the USDOA numbers.

Anyway, if a CP can not afford to provide for the kid and the NCP can .... the NCP should get preferential consideration for custody.

IMHO of course.

2ndMom71's picture

I do know that in Virginia that the whole shared custody deal causes support to drop or can even eliminate support . In some cases it will cause support to go to the father rather than the mother . Initially my DH trusted a support calculation made by BM attorney. The sheet was based on sole custody and not shared custody . In Virginia if you have skids more than 110 days out of the year it constitutes shared custody and goes by your monthly income. The BM had my DH paying $1085 a month for 2 skids ...I told him it was way too much as he is a Carpenter and does not make a huge salary and she works for the Govt and makes $130,000 a year. Supposedly they reworked the sheet and it came down to $716 a month. At the time he signed the papers he was unaware that the shared custody support worksheet was not used by her attorney. Now we are in the same boat as you pretty much... shelling out money left and right for things and we have skids for 170+ days a year . We are currently seeking an attorney to take this back into court and try to get it straight.It is horrific how this BM can know our circumstances of being in a studio apartment and having skids this much..neither of us making anywhere close to what she makes and still insists on more more more... not to mention she is vacationing twice this summer without the kids... FT. Lauderdale for 2 weeks and Hawaii for 3 weeks with her boyfriend who has no job while we try to stay afloat and just be able to keep children and ourselves fed ... Did I mention my own child who is 19 and in college ? BM has no cares or interest that my Son has needs as a college student but I am supposed to remain calm and quiet when it comes to skids ? Makes no sense ... contact a lawyer and see if you can get something done in your state...looks like you and you DH have them more than enough to compensate for some kind of reduction/elimination of support. GOOD LUCK !

rosie33's picture

In PA you get a 20% "discount" if you have 50/50 custody!! Its just like Tuff Noogies said, they even out the standard of living between two households. It's a bunch of bullsh*t. That whole system is so ass backwards. They also use the calculator to the decimal so you can always go on and run numbers and figure out the worst case scenario - thats what we do so we know what to expect. They even say that since he pays for the boys health insurance, it would be deducted from the total - nope. Only his portion of what he's responsible for is deducted, even tho he pays for it all! Blows my mind. His cuntzilla ex is now prego again and I guess went to working part time because the papers say her income decreased so shes requesting an increase in CS. :? BUT you know damn well if HE went in and said oh, I am working part time so I'd like to decrease my child support they would laugh at him. She voluntarily got pregnant. Not our problem. Unfortunately I guess we will be supporting this baby too! OH and she is allowed to have medicare (and all kinds of other werlfare) for the boys even though he has insurance for them and has had it since they were born because she has 50/50 custody!! Isn't that a bunch of crap.