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Which State to use the CS calculator

disneymom78's picture

Submitted by disneymom78 on Thu, 03/17/2011 - 11:42am

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Family Court

Question. SSs live in one state and we live in another (1000 miles apart) I know the cost of living varies around the counrty, say from california living to Nebraska...

What state would you use to figure CS? I mean if the kiddos live in CA but the NCP doesnt get paid a california income they get paid based off of that region??

Do you know what I mean?

skylarksms's picture

Submitted by skylarksms on Thu, 03/17/2011 - 11:51am

Has there been any previous CS order or visitation order? DD?

The computations are pretty similar from state to state. They are not going to say the NCP is earning a high income just because the place has a high cost of living.

Usually the CO is first brought to a hearing in the county the child(ren) is living in. Then it is up to that state to contact the state the NCP is living in for enforcement of the CS order.

disneymom78's picture

Submitted by disneymom78 on Thu, 03/17/2011 - 11:55am

the original orders are in a 3rd state, both parties have moved from there since.

I was just curious is there is different formulas, percentage wise, from state to state.

skylarksms's picture

Submitted by skylarksms on Thu, 03/17/2011 - 12:02pm

I am in a similar situation. I am not sure what to tell you because my situation is so messed up itself!

I am a BM. My son was born in State 1, where BF and I lived. BF fled to State 2. I have since moved to State 3. Now BF ALSO moved to State 3.

I PERSONALLY think it would be much simpler if we just did everything through State 3 BUT - they still want State 1 to have State 2 enforce State 1's CO.

Have I confused you yet?!??!!??

To make things even MORE confusing... even though the original order was in State 1, if I would have ever taken BF back to court to increase CS, they would have gone by State 2's laws NOT State 1.

*sigh* It's almost as bad as trying to understand the tax codes!

disneymom78's picture

Submitted by disneymom78 on Thu, 03/17/2011 - 3:26pm

Thanks!

Rags's picture

Submitted by Rags on Thu, 03/17/2011 - 1:35pm

Use the calculator for the state that has jurisdiction over the CO.

We had to deal with this question a couple of times during our blended family adventure with the SpermIdiot and SpermClan.

The state with jurisdiction over the CO is the one for which the guidelines apply. You can change which state has jurisdiction.

In Texas once the child has been resident in the state for 6mos the CP can file to have jurisdiction transferred to Texas and specifically to the county where the child resides.

We never transferred jurisdiction from OR to TX but we used it as leverage to keep the SpermClan under control. CS would have gone up by ~200% if we had transferred jurisdiction to Texas. However, visitation would have nearly doubled and the money was not worth subjecting our son to any more time with his vitriolic toothless moron SpermClan.

When they would get particularly unpleasant to deal with we would drop the "Well, it looks like it is time to transfer jurisdiction to Williamson County Texas." They would whine and bitch then shut the hell up and to what they were told.

I would also research and compare the difference between the outcome of CS amount between the calculator for the state with current jurisdiction, the state where the CP lives and the state where the NCP lives. You many be able to use this as a tool for getting the opposition a bit more under control.

Good luck.

babedow77's picture

Submitted by babedow77 on Wed, 03/30/2011 - 9:28pm

In order to have my child support order enforced I had to transfer my cas to the state in which we are living. We were divorced in NM but I moved to CO. EX hub is in NM still but we had case transferred to CO. I didn't change the child support amount and I don't know which calcualtor I would use since our case origniated in NM.