How do they calculate support order??

[jkisett]

I AM IN PENNSYLVANIA

Hi, my name is Kris, and I'm new to the board:

My question is: How does domestic relations determine the amount of child support to be paid? My X has an income 2 or 3 times more than I do and our daughter is his only child. I, on the other hand, have remarried and we have two sons. I was under the impression that when parents divorce/seperate and a child support order comes into effect, the court calculated the amount to make life at one home as "financially" similar to the other as they can. Having said that, I don't think the courts take into effect any other household income other than that of the payor/payee. Am I correct? For example: My current husbands income, or my X's partners income.

The court has issued me to pay a set amount saying I am capable of working a full time job. Of course EVERYONE is capable of working a full time job, but sometimes it's just not cost effective. For example: If I worked 40 hours a week at minimum wage ($7.15/hr) that would be roughly $1200.00 per month (before taxes) child care for my boys would be roughly $700.00 per month. That would leave me with $500.00 per month for bills and everything. My point is, my "part-time" job now, is allowing me to bring home roughly $500.00 a month without having the cost of child care. The downside is no matter whether I work full or part time, the court order was put in with my income being $1200.00/month and that is just crazy. The sad thing is, is if I were a single mom, the court would still be holding me to the same amount, leaving me with less than $500.00 each month, to 1. Pay the court ordered child support. 2. Pay for food. 3. Pay rent/utilities. I'm sorry, but to me this just doesn't make sense.

I buy our daughter school clothes, supplies, and with her being a 16 year old, she's always needing money for different things. I provide this along with the support I send her father each month. He refuses to pay for her birth control because it is too expensive (insurance doesn't cover any part of it) So in turn, I pay for her birth control too. Doesn't this account for anything? I mean, her birth control pills cost $200.00 every 3 months. I also pay her cell phone bill. These are things I feel should be taken into concideration, but they're not.

I'm sorry this post was so long, but I wanted to make myself as clear as possible. I assure you I am not one of those parents that just want to get out of paying child support. I do not mind paying, it's just the amount that they have ordered me to pay under the circumstances has me quite confused as to how they calculate it. There is alot more information on this situation but like I said, this post is so long already, I'll post more information if it's needed to receive a more detailed response.

Thank you in advance to anyone who responds to this post.
Kristy

[SIN EATER]

In all honesty, I only read your heading.

I don't do Pennsylvania, but if you google 'pennslyvania child support calculation', you will get several calculators & info. One is:
[url=http://www.alllaw.com/calculators/childsupport/pennsylvania/]Pennsylvania Child Support Calculator - AllLaw.com[/url]

A more patient person than I will come along ... you can calculate in the meantime.

[adviceplease1]

They calculate it on a percent of his income, not to make it close to what you are used to, that is why you are to work also and provide your half.

I don't think that your daughters birth control constitutes as a need, she needs to either get a job and pay for herself or not have sex until she is of age to support herself with out child support.

[LdiJ]

Originally Posted by jkisett

I AM IN PENNSYLVANIA

Hi, my name is Kris, and I'm new to the board:

My question is: How does domestic relations determine the amount of child support to be paid? My X has an income 2 or 3 times more than I do and our daughter is his only child. I, on the other hand, have remarried and we have two sons. I was under the impression that when parents divorce/seperate and a child support order comes into effect, the court calculated the amount to make life at one home as "financially" similar to the other as they can. Having said that, I don't think the courts take into effect any other household income other than that of the payor/payee. Am I correct? For example: My current husbands income, or my X's partners income.

The court has issued me to pay a set amount saying I am capable of working a full time job. Of course EVERYONE is capable of working a full time job, but sometimes it's just not cost effective. For example: If I worked 40 hours a week at minimum wage ($7.15/hr) that would be roughly $1200.00 per month (before taxes) child care for my boys would be roughly $700.00 per month. That would leave me with $500.00 per month for bills and everything. My point is, my "part-time" job now, is allowing me to bring home roughly $500.00 a month without having the cost of child care. The downside is no matter whether I work full or part time, the court order was put in with my income being $1200.00/month and that is just crazy. The sad thing is, is if I were a single mom, the court would still be holding me to the same amount, leaving me with less than $500.00 each month, to 1. Pay the court ordered child support. 2. Pay for food. 3. Pay rent/utilities. I'm sorry, but to me this just doesn't make sense.

I buy our daughter school clothes, supplies, and with her being a 16 year old, she's always needing money for different things. I provide this along with the support I send her father each month. He refuses to pay for her birth control because it is too expensive (insurance doesn't cover any part of it) So in turn, I pay for her birth control too. Doesn't this account for anything? I mean, her birth control pills cost $200.00 every 3 months. I also pay her cell phone bill. These are things I feel should be taken into concideration, but they're not.

I'm sorry this post was so long, but I wanted to make myself as clear as possible. I assure you I am not one of those parents that just want to get out of paying child support. I do not mind paying, it's just the amount that they have ordered me to pay under the circumstances has me quite confused as to how they calculate it. There is alot more information on this situation but like I said, this post is so long already, I'll post more information if it's needed to receive a more detailed response.

Thank you in advance to anyone who responds to this post.
Kristy

Its simple. You are free to work as little as you would like, but you are required to support your child as if you had a full time job.

You are not required to pay for any "extras".

Is there a medical reason why your daughter is on birth control?

[jkisett]

My daughter was put on birth control pills to minimize her periods (she had surgery 2 years ago due to an imperforate hyman. And without getting too personal, she was not able to insert tampons no matter how small they were, so the dr suggested her be put on a birth control pill so she would only have to worry about her period 4 times each year instead of 12.

On the full time job capabilities.. so what you're telling me is that I WILL always be held to that amount no matter what? The part that doesn't seem right to me is that if I were in deed a single parent supporting my two sons, while paying support for my daughter, I would not be able to put food on the table, EVEN if I did have a full time job.

I've been on both sides of the child support order. When I first left my X husband, our daughter was 6 years old. She lived with me up until she was 12 years old, at that point, her father and I decided that we wanted her to go to the school district in which he resided, so I allowed her to move in with him, never knowing the problems that he would cause. I NEVER took him to court for anything, we just agreed that any expenses would be 50/50. There wasn't even a custody order in effect. NOT until I remarried, and my X found out that my new husband's income was over $100,000.00. He then immediately went to domestic relations, and to the custody office, and filed all these papers. I wasn't working at that time because my husbands income supported our family lifestyle just fine and he wanted me to stay at home while our sons were little. Since our youngest started first grade, I decided to apply for a job that was convenient for our lifestyle, we like to go RVing alot in the summer, and with me driving a school bus, I'm off all summer. My husband works 7-3 M-F**************.. off weekends, and holidays. SO it's more a convenient thing, and although I totally understand that I have the capabilities of working a full time job, I choose not to.

I guess the thing that makes me SO mad is the fact that my X has been at the SAME job for almost 20 years and he's STILL only claiming he makes minimum wage, when I KNOW he's making at least 2 times that amount. I just can't prove it. That leads me to another question, HOW CAN I PROVE he's earning extra money off the books? I've thought about hiring a PI but not sure if it's something worth doing.

Thanks again in advance!~
Kristy

[Ohiogal]

You should actually hire an attorney. Your ex makes two to three times what you make but still only makes minimum wage? You have no right to gripe though -- not everyone is capable of working a full time job -- some people are disabled. You CHOSE to have two more children when you already had a child to support. You CHOSE to stay home with them. You CHOSE to work only part time. Well that doesn't change the fact that your daughter needs supported. So you get to pay support. As for the extras, do not pay them.

[Silverplum]

Originally Posted by jkisett

On the full time job capabilities.. so what you're telling me is that I WILL always be held to that amount no matter what?

No.

If your order is modified in the future, your imputed income will rise along with inflation and other factors. Therefore, with a likely higher imputed income comes higher CS.

[jkisett]

I'm sorry if I offended anyone on the comment about "anyone being capable of working a full time job" I know there's always an exception to that.

Here's the thing, if my daughter and I are at the mall and she says to me, "mom, I really like those pair of jeans" (or whatever it is she's referring to) I COULD NEVER tell her I wouldn't buy it for her because I send her father money for those type of things. That's wrong. I don't give my children everything they want, however, I just wish her father and I could come to some agreement similar to the one we had when my daughter resided with me, that's all.

I am NOT griping about having to support a child I am totally responsible for, I am just saying that I don't think it's fair how they calculate the support.
I went on a website that calculates a "generic" type support order, and according to that I am paying 4 times the amount that came up, and I know they DO take into concideration the fact that I do have two other children, and our daughter is his only child. It will never make sense to me. My sister has two children and her dead beat dad is behind like $6,000.00, he NEVER attempts to see his daughters, and he's ordered to pay ONLY $50.00 a month TOTAL! Where did they get that figure?? Heck, who can raise a child on $50.00 a week, let alone TWO children on $50.00 a month!?!? It will never add up in my head. . . I should have been an attorney. LOL!

As far as her contacts, her dad refuses to buy them because the are "too expensive" in his opinion. So it's either I buy them for her, or she doesn't get them, it's rediculous.

My daughter has already asked her father if she could move back in with me, and he won't allow her to. Isn't there an age where a child is old enough when their opinion counts? Her father never remarried, and his live in girlfriend is mean to our daughter, she has already tried hitting our daughter. I contacted children and youth on this matter, and the case never went any further because the girlfriend, denied it and my daughter was too afraid to speak the truth in fear of hurting her father's feelings. It's just a sad situation all around. I really wish there was something I could do for my daughter. She has already tried slicing her wrists because of her home life there, and has threatened to run away many, many, times. A year ago, I did keep her in contempt of the court order because she was being mentally abused there. But when it went to court, her father denied everything and again, our daughter couldn't speak her mind because she was afraid of hurting her dad's feelings. I am going to contact an attorney on Tuesday. I just wanted to get some opinions on this matter first, and I KNOW that I just posted a "custody" issue in the "child support" forum, and I apologize for this.

Thanks again~
~Kristy~

[perroloco2]

I'm curious about how much child support you pay. In a very simple calculation, if you are imputed an income of $1200, and your ex claims that he only makes $1200, and there are no other deductions such as health insurance, then you each pay $296. Using the same PA worksheet, if he makes $2400, then your share is $266, and if he makes $3600, your share is $231. Does this sound about right? Even if he declared the income you believe he makes, the difference to you is just $65 per month.

The PA code allows for variance from the guidelines in low-income cases, and also stipulates a minimum amount that the obligor should retain for living expenses. In those cases, there may be no support ordered. You are remarried and do not live at poverty level, so the variance does not apply to you.

[Ohiogal]

I'm sorry if I offended anyone on the comment about "anyone being capable of working a full time job" I know there's always an exception to that.

You spoke improperly.

Here's the thing, if my daughter and I are at the mall and she says to me, "mom, I really like those pair of jeans" (or whatever it is she's referring to) I COULD NEVER tell her I wouldn't buy it for her because I send her father money for those type of things. That's wrong. I don't give my children everything they want, however, I just wish her father and I could come to some agreement similar to the one we had when my daughter resided with me, that's all.

Actually what you should tell your sixteen year old daughter is that she should get a job to buy the pair of jeans she likes. Or whatever she is referring to. You could never tell her you wouldn't buy it for her? Try just telling her NO without a reason.

As far as her contacts, her dad refuses to buy them because the are "too expensive" in his opinion. So it's either I buy them for her, or she doesn't get them, it's rediculous.

She can wear glasses. Contacts are NOT necessities. Glasses are. Contacts are an upgrade. If she wants an upgrade then she can get a job and pay for them. It is not ridiculous that dad will not by her luxuries.

My daughter has already asked her father if she could move back in with me, and he won't allow her to. Isn't there an age where a child is old enough when their opinion counts?

18 is when children choose. There wishes might be taken into consideration but considering your child seems to have adopted a grass is always greener mentality, a court will not want to flip flop constantly.

Her father never remarried, and his live in girlfriend is mean to our daughter, she has already tried hitting our daughter. I contacted children and youth on this matter, and the case never went any further because the girlfriend, denied it and my daughter was too afraid to speak the truth in fear of hurting her father's feelings.

Really? or your daughter lied. That is possible you know.

It's just a sad situation all around. I really wish there was something I could do for my daughter. She has already tried slicing her wrists because of her home life there, and has threatened to run away many, many, times.

What did you do when she tried slicing her wrists? Did you get her immediate counseling? Did you take her to the psychiatric ward of the local hospital and have her admitted?

A year ago, I did keep her in contempt of the court order because she was being mentally abused there. But when it went to court, her father denied everything and again, our daughter couldn't speak her mind because she was afraid of hurting her dad's feelings.

OR she was lying.

[jkisett]

My daughter is only 16, and therefore, I WILL buy her whatever it is she wants/needs, as long as it's nothing too out of this world. I just think that the amount of support I pay her father should cover these costs. I KNOW contacts aren't a necessity, I CHOOSE to buy them. I'm not complaining about ANYTHING I buy my daughter, what my main complaint is about is the fact that I pay him support and he does not support her the way he should. He puts new windows in his house, new siding and shutters on his house, (well wait, let me rephrase that.... it's NOT his house, it's his girlfriends house) So, if he's willing to spend his money on a house that he will NEVER own, rather than his daughter's "non-necessities" that just doesn't make sense to me. I'd rather spend $5000.00 on a used car for my daughter than to make upgrades to someone elses home.


As for me telling my daughter to get a job, she is trying, however her dad refuses to provide her transportation to or from work. I even offered to provide half of her transportation. He's just not willing to make ANY sacrifices for her or me. For example, last year she was asked by her church youth group counselors to go on a trip to Rockbridge Camp in Virginia to spend a week with teenagers and young adults that were physically disabled. She really wanted to go, and of course there were fees involved, and she asked her dad for the money, and he refused to give it to her, saying that she didn't need to go. Well of course she didn't NEED to go, that's not the point, she wanted to go and it was for a great cause. So I gave her the $300.00 to go. She has asked her dad for money for other things as well, and he doesn't give it to her. Something tells me that the response I get from this is, "Tell her to get a job and pay for it herself"

[Isis1]

Originally Posted by jkisett

My daughter is only 16, and therefore, I WILL buy her whatever it is she wants/needs, as long as it's nothing too out of this world. I just think that the amount of support I pay her father should cover these costs. I KNOW contacts aren't a necessity, I CHOOSE to buy them. I'm not complaining about ANYTHING I buy my daughter, what my main complaint is about is the fact that I pay him support and he does not support her the way he should. He puts new windows in his house, new siding and shutters on his house, (well wait, let me rephrase that.... it's NOT his house, it's his girlfriends house) So, if he's willing to spend his money on a house that he will NEVER own, rather than his daughter's "non-necessities" that just doesn't make sense to me. I'd rather spend $5000.00 on a used car for my daughter than to make upgrades to someone elses home.


As for me telling my daughter to get a job, she is trying, however her dad refuses to provide her transportation to or from work. I even offered to provide half of her transportation. He's just not willing to make ANY sacrifices for her or me. For example, last year she was asked by her church youth group counselors to go on a trip to Rockbridge Camp in Virginia to spend a week with teenagers and young adults that were physically disabled. She really wanted to go, and of course there were fees involved, and she asked her dad for the money, and he refused to give it to her, saying that she didn't need to go. Well of course she didn't NEED to go, that's not the point, she wanted to go and it was for a great cause. So I gave her the $300.00 to go. She has asked her dad for money for other things as well, and he doesn't give it to her. Something tells me that the response I get from this is, "Tell her to get a job and pay for it herself"

look, you already answered your own question. all the extras you want to spoil your daughter with, are not required by law for dad to provide. if dad feeds, clothes, provide medical care, then he's in the clear. if he wants to spend $5k on a new pair of shoes for himself, and spend $5.00 on a pair of jeans for his daughter, he can. no law will stop him from doing so. would it chap my hide, yes. but dad can do it.

[Blue Meanie]

Originally Posted by jkisett

My daughter is only 16, and therefore, I WILL buy her whatever it is she wants/needs, as long as it's nothing too out of this world. I just think that the amount of support I pay her father should cover these costs. I KNOW contacts aren't a necessity, I CHOOSE to buy them. I'm not complaining about ANYTHING I buy my daughter, what my main complaint is about is the fact that I pay him support and he does not support her the way he should. He puts new windows in his house, new siding and shutters on his house, (well wait, let me rephrase that.... it's NOT his house, it's his girlfriends house) So, if he's willing to spend his money on a house that he will NEVER own, rather than his daughter's "non-necessities" that just doesn't make sense to me. I'd rather spend $5000.00 on a used car for my daughter than to make upgrades to someone elses home.


As for me telling my daughter to get a job, she is trying, however her dad refuses to provide her transportation to or from work. I even offered to provide half of her transportation. He's just not willing to make ANY sacrifices for her or me. For example, last year she was asked by her church youth group counselors to go on a trip to Rockbridge Camp in Virginia to spend a week with teenagers and young adults that were physically disabled. She really wanted to go, and of course there were fees involved, and she asked her dad for the money, and he refused to give it to her, saying that she didn't need to go. Well of course she didn't NEED to go, that's not the point, she wanted to go and it was for a great cause. So I gave her the $300.00 to go. She has asked her dad for money for other things as well, and he doesn't give it to her. Something tells me that the response I get from this is, "Tell her to get a job and pay for it herself"

Tell her to get a job and pay for it herself.

[Ohiogal]

My daughter is only 16, and therefore, I WILL buy her whatever it is she wants/needs, as long as it's nothing too out of this world. I just think that the amount of support I pay her father should cover these costs. I KNOW contacts aren't a necessity, I CHOOSE to buy them. I'm not complaining about ANYTHING I buy my daughter,

Actually you are complaining about it.

what my main complaint is about is the fact that I pay him support and he does not support her the way he should.

Correction: He does not support her in the way YOU think he should.

He puts new windows in his house, new siding and shutters on his house, (well wait, let me rephrase that.... it's NOT his house, it's his girlfriends house) So, if he's willing to spend his money on a house that he will NEVER own, rather than his daughter's "non-necessities" that just doesn't make sense to me.

So the house your daughter lives in is safe, secure, and warm. And that is a waste of money? Good grief. It makes it less expensive to heat/cool the house with that stuff being new. Utilities go down so the heat could actually be turned up warmer. Making your daughter more comfortable. But heat in winter is not a necessity huh?

I'd rather spend $5000.00 on a used car for my daughter than to make upgrades to someone elses home.

He sees it as his home and your daughter's home. How do you know he spent that much on it? How do you know girlfriend didn't spend her money on it? Oh and $5k on a used car? How is your daughter going to pay for insurance and gas?

As for me telling my daughter to get a job, she is trying, however her dad refuses to provide her transportation to or from work.

She can't walk, bike or take a bus?

I even offered to provide half of her transportation. He's just not willing to make ANY sacrifices for her or me.

He doesn't have to make ANY sacrifices for you. YOU are not a priority in his life.

For example, last year she was asked by her church youth group counselors to go on a trip to Rockbridge Camp in Virginia to spend a week with teenagers and young adults that were physically disabled. She really wanted to go, and of course there were fees involved, and she asked her dad for the money, and he refused to give it to her, saying that she didn't need to go. Well of course she didn't NEED to go, that's not the point, she wanted to go and it was for a great cause. So I gave her the $300.00 to go. She has asked her dad for money for other things as well, and he doesn't give it to her.

You have more money to pass around -- what with your hubby earning 100k. And you griping about your child support payment?

Something tells me that the response I get from this is, "Tell her to get a job and pay for it herself"

Quite frankly she should be responsible for her own expenses. She is NOT a baby. She could earn the money for extras she wants.

[nextwife]

Originally Posted by jkisett

My daughter was put on birth control pills to minimize her periods (she had surgery 2 years ago due to an imperforate hyman. And without getting too personal, she was not able to insert tampons no matter how small they were, so the dr suggested her be put on a birth control pill so she would only have to worry about her period 4 times each year instead of 12.

I find it odd that the solution to this was not completely corrected surgically, rather than having her remain on a birth control prescription. Seems this would need to be corrected by surgery anyway.