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What happens when CP makes more than NCP in regards to child support?

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GRCDad

Member
What is the name of your state (only U.S. law)? MI

When child support is calculated, what happens when the NCP is a stay at home parent and the CP works. Does that factor in only in regards to percentages of medical bills or would the CP have to pay the NCP child support (which I'm doubting is the case)? This is not a 50/50 timeshare. It's a long distance parenting plan.

Also, when submitting tax returns for child support determination from a subpoena, what happens when you file jointly with your new spouse? Is there a way to redact or black out the new spouse's financial information, or will it have to be submitted with all information in tact? I would prefer that my spouse's information not be used in child support calculations but I want to be compliant with the subpoena.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? MI

When child support is calculated, what happens when the NCP is a stay at home parent and the CP works. Does that factor in only in regards to percentages of medical bills or would the CP have to pay the NCP child support (which I'm doubting is the case)? This is not a 50/50 timeshare. It's a long distance parenting plan.

Also, when submitting tax returns for child support determination from a subpoena, what happens when you file jointly with your new spouse? Is there a way to redact or black out the new spouse's financial information, or will it have to be submitted with all information in tact? I would prefer that my spouse's information not be used in child support calculations but I want to be compliant with the subpoena.
You can redact personal information (ie: Social Security #), but you don't need to redact his wages. The new spouse's income won't be used to calculate child support in your case. Make sure documents are included (appropriately redacted) that show the source of income.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? MI

When child support is calculated, what happens when the NCP is a stay at home parent and the CP works. Does that factor in only in regards to percentages of medical bills or would the CP have to pay the NCP child support (which I'm doubting is the case)? This is not a 50/50 timeshare. It's a long distance parenting plan.

Also, when submitting tax returns for child support determination from a subpoena, what happens when you file jointly with your new spouse? Is there a way to redact or black out the new spouse's financial information, or will it have to be submitted with all information in tact? I would prefer that my spouse's information not be used in child support calculations but I want to be compliant with the subpoena.
The NCP is typically imputed an income equal to no less than 40 hours @min. wage or whatever the court decides the NCP is capable of earning.
 

Proserpina

Senior Member
The NCP would typically be imputed a wage, which could be minimum wage at 40 hours, but it could also be based off previous earning history or earning potential. The NCP would be paying the CP in almost every case. The NCP's spouse's income is not considered anywhere in the US that I am aware of directly, so you shouldn't be concerned about that part, you can't redact their income in the return but you may get away with redacting SSN. In some states the NCP's spouse income may have a minor effect on the support to the extent that if the NCP had a child with the current spouse, then they pay get a deduction for support to their other dependent. The partner's income could effect the calculation of this deduction.
There are occasions where the NCP's spouse's income can be used to calculate child support but it's uncommon and typically only when the NCP is deemed as voluntarily under- or un-employed. Georgia for example apparently allows this (yes, I can see that the OP isn't in Georgia ;) ).
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? MI

When child support is calculated, what happens when the NCP is a stay at home parent and the CP works. Does that factor in only in regards to percentages of medical bills or would the CP have to pay the NCP child support (which I'm doubting is the case)? This is not a 50/50 timeshare. It's a long distance parenting plan.

Also, when submitting tax returns for child support determination from a subpoena, what happens when you file jointly with your new spouse? Is there a way to redact or black out the new spouse's financial information, or will it have to be submitted with all information in tact? I would prefer that my spouse's information not be used in child support calculations but I want to be compliant with the subpoena.
http://courts.mi.gov/administration/scao/officesprograms/foc/pages/child-support-formula.aspx
 

stealth2

Under the Radar Member
Guess I'm confused. A few weeks ago, you posted asking what people do with their older kids during the summer while the parent needs to work. Today it is about support when the NCP is a SAHP. It seems that you are the NCP, and were working as of a few weeks ago. So.... what has changed?
 

GRCDad

Member
Guess I'm confused. A few weeks ago, you posted asking what people do with their older kids during the summer while the parent needs to work. Today it is about support when the NCP is a SAHP. It seems that you are the NCP, and were working as of a few weeks ago. So.... what has changed?
In my very first post on that summer thread, I posted "This isn't an issue now, but I'm trying to brainstorm should this arise in the future." The "this isn't an issue now" part was due to me being a SAHP. I don't plan on being unemployed in the future which is why I asked that hypothetical question in the event that I return to work. That's all. Sorry to confuse.
 

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