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Author: ThyPeace Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 311074  
Subject: Re: It never rains but it pours. Date: 6/13/2007 10:26 PM
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Why in the &*#! does your child support obligation increase when your ex makes the decisions to have another child and reduce how much she works? Shouldn't the reduced income be her and her husband's responsibility?

One might think that, yes. In this case, however, well... no. Every state varies, and my particular case is, as one of the experts told me today, "unique." In other words, none of the case law and none of the research covers us. We're having to invent 90% of what we do.

Four years ago, my side of the case politely declined to follow the state guidelines for child support because, as one of my attorneys said, "If they're not going to give you the legal right to parent, why should you have to pay like you have it?"

So instead, we establish a budget based on DD's real expenses each year, add it all up, and then apportion the payment of those expenses based upon income. The split over the past few years has been roughly 75/25 and will be pretty close to that this year. Baby's not due until October and she'll have 60% of her income for three (four? can't remember right now) months after that.

Come to think of it, I wonder how much I would be paying under the child support guidelines now? Hmmm.......

Huh. Our combined incomes are now high enough that the guidelines simply say "Since the combined adjusted actual income exceeds the highest level specified in the schedule($10,000/month), the court may use its discretion in setting the amount of child support."

If I do some playing (bring our income down to that, get the number, and then increase it by the appropriate percentage), it appears to me that I'm still paying about 55% of what it would otherwise be.

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