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  #1  
Old 07-09-2000, 09:13 AM
rusty
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I have 2 concerns here:
1. When calculating child support for the obigor, is it or is it not relevant that the obligee(custodial parent receiving child support) is living rent free? Does this non-expense get calculated in the final order.

2. I receive a service-connected comp. and pen. disability check from the Veterans Administration for an injury incurred in the military. Does New Hampshire law consider this income or not. It is non-taxable and has never been a requirement to devulge in any previous legal situations.
  #2  
Old 07-09-2000, 10:16 AM
lawrat
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, I am not familiar with New Hampshire law. But I would imagine a family court judge would take into consideration the custodial parent is living rent free. As to your check situation, I would check with a family law organization in your state (so you don't have to worry about private legal expense). Contact your New Hampshire state bar association (call 411) and ask them to refer you to family law legal aid or something to that effect (pro bono services).

Hope this helps.
  #3  
Old 07-09-2000, 10:25 AM
newmom
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In the stae of Virginia, expenses (other than child care)are not calculated. **My daughter's father lives in VA, I do not*** The calculation is as follows (in VA)

NCP X amount per month gross income
+ CP X amount per month gross income
= Total of both parents

Y% of total equals amount couple would spend on child provided they were living together.
Add day care amount for the month to come up with grand total of support for child in a given month if couple were together.

Ta - Da - the calculation states that custodial parent pays 33% of the total monthly support, non-custodial pays 67% of the total monthly support.

No other expenses figured into that amount. Not sure how other states do things, but that is what is in my paperwork from VA. Good luck
  #4  
Old 07-09-2000, 10:27 AM
newmom
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Just wanted to add - the percentage thing might go by who makes more money pays more percentage. Say if I made more money than him, I would be responsible for the 67% and him the 33%. Not positive about that though.
  #5  
Old 07-09-2000, 11:57 AM
smileyhapy
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Speaking only from experience ie what happened to us. Husband on disability. Ex lives in grand house with husband that makes over 75 thousand a year. We have one of "theirs" and 3 of ours. Ex decides to take husband back to court for support of children. (We had been paying out of the court system) She wins. Gets a judgement for 15000. They don't take into consideration family at time. Only income is disability. They take half. We live on 400 a month. They glee with happiness that he has a readily garnishable source, disability. This was 10 years ago. We finally settled with her around 4 years ago. Every situation and state are different. I was horrified. Dont mean to bust any bubble but the judge told us he didn't give a damn how well she was living, she deserved support. He said we were stupid for not paying through the court system. Receipts are vital. Sorry I was just telling you our horror story. You know, I still don't like her and the end of the story was that husband number two divorced her after we settled and she is in a rented house on the bad side of town and her children come to see dad more than mom. Good luck okay.
  #6  
Old 07-09-2000, 12:27 PM
rusty
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by smileyhapy:
[b]Speaking only from experience ie what happened to us. Husband on disability. Ex lives in grand house with husband that makes over 75 thousand a year. We have one of "theirs" and 3 of ours. Ex decides to take husband back to court for support of children. (We had been paying out of the court system) She wins. Gets a judgement for 15000. They don't take into consideration family at time. Only income is disability. They take half. We live on 400 a month. They glee with happiness that he has a readily garnishable source, disability. This was 10 years ago. We finally settled with her around 4 years ago. Every situation and state are different. I was horrified. Dont mean to bust any bubble but the judge told us he didn't give a damn how well she was living, she deserved support. He said we were stupid for not paying through the court system. Receipts are vital. Sorry I was just telling you our horror story. You know, I still don't like her and the end of the story was that husband number two divorced her after we settled and she is in a rented house on the bad side of town and her children come to see dad more than mom. Good luck okay. [/b]<HR></BLOCKQUOTE>


Thank you for the input. Long live the axiom to: Hope for the best...prepare for the worst!
 



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