child support

[fishermanSTEVE]

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

Recent change in custody done outside of court, to save costs. I had primary custody for 6 years, now she has primary custody because i agreed to her request before the court date. Everything exactly switched, and the mom suggested that I pay her the same amount she was paying me, so I agreed. In the new stip (signed one month ago), it says that the amount for child support listed is adequate for the care of the minor child, right before where she signed it. Two weeks later, she says she wants to get the guideline support and will take it to court, unless we can come up with a reasonable agreed amount outside of court. She also says if we agree out of court, she won't take into consideration of my secondary income (which is nothing, but she thinks i make money on the side).

How soon after an agreement is made (the initial stip for change in custody, a month ago) can she go to DCSS and ask for an increase? What if i show that she said signed the agreement saying the agreed amount last month was adequate? Does DCSS even care about that, or is it just guideline and that's that?

Also, i had primary custody for 6 years, and didn't ask for child support until the last year before we changed custody (my fault, yes). When I finally asked for it, she delayed that process of signing paperwork, etc, postponing the status hearing, for months, and when child support was finally ordered, it was only months before i agreed to change custody, so i only got a few months of child support from her. I know it was my fault for not asking for support sooner, so there is no "back support" or arrears, but if this goes to DCSS, do they take that into account at all?

Not trying to get out of paying child support, I will pay what the court deems as guideline support, but after she signed it, she admitted that she just agreed to that amount so she could get primary custody asap, and had every intention is asking for more.

Lastly, is there any benefit to working out a reasonable amount with her outside of court? Or, should i just have her go through DCSS? Not sure how to respond to her request. She only works part time, can they impute full time wages on her, even though she is the primary parent?

Thanks for your help.

 

[CSO286]

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

Recent change in custody done outside of court, to save costs. I had primary custody for 6 years, now she has primary custody because i agreed to her request before the court date. Everything exactly switched, and the mom suggested that I pay her the same amount she was paying me, so I agreed. In the new stip (signed one month ago), it says that the amount for child support listed is adequate for the care of the minor child, right before where she signed it. Two weeks later, she says she wants to get the guideline support and will take it to court, unless we can come up with a reasonable agreed amount outside of court. She also says if we agree out of court, she won't take into consideration of my secondary income (which is nothing, but she thinks i make money on the side).
How soon after an agreement is made (the initial stip for change in custody, a month ago) can she go to DCSS and ask for an increase?

I If there is a significant disparity between the amount you agreed upon and what the guidelines suggest, then I would consider her request valid.Also, there is usually a timframe in which either party can motion the court to reconsider right after an order has been issued.

What if i show that she said signed the agreement saying the agreed amount last month was adequate? Does DCSS even care about that, or is it just guideline and that's that?

Generally, it is just guidelines...Though they don't do reiveiws everyonther month. And if Mom is on any type of assistance, then you cna bet they will want guidelines over any lower stipped agreement.

Also, i had primary custody for 6 years, and didn't ask for child support until the last year before we changed custody (my fault, yes). When I finally asked for it, she delayed that process of signing paperwork, etc, postponing the status hearing, for months, and when child support was finally ordered, it was only months before i agreed to change custody, so i only got a few months of child support from her.

Not relevant to her current request.

I know it was my fault for not asking for support sooner, so there is no "back support" or arrears, but if this goes to DCSS, do they take that into account at all?

No. It's still irrelevant.

Not trying to get out of paying child support, I will pay what the court deems as guideline support, but after she signed it, she admitted that she just agreed to that amount so she could get primary custody asap, and had every intention is asking for more.

I'm sorry. Still within her right.

Lastly, is there any benefit to working out a reasonable amount with her outside of court? Or, should i just have her go through DCSS? Not sure how to respond to her request. She only works part time, can they impute full time wages on her, even though she is the primary parent?

Thanks for your help.

Yes, and were I you, I would certainly request that the court impute at least FT min wage to her.

 

[fishermanSTEVE]

Thanks for the info! Very helpful.

When it comes to imputing income, her monthly income part time is a little higher than minimum wage is for full time. Can i have them impute her part time pay rate into full time hours? She chooses to work part time.

Also, is it better to come to an agreement outside of court or through court? Is there any reason NOT to agree outside of court?

Thanks!

 

[birdbrain53]

If she is making more than minimum wage, then certainly you can ask for her to be imputed 40 hours a week at her current rate.

Run the state calculator to see how that would work out.

 

[LdiJ]

If she is making more than minimum wage, then certainly you can ask for her to be imputed 40 hours a week at her current rate.

Run the state calculator to see how that would work out.

Assuming that the option would be available for her to work full time at her current rate. Some employers will not hire full time employees because they do not want to pay for benefits.

 

[Silverplum]

Assuming that the option would be available for her to work full time at her current rate. Some employers will not hire full time employees because they do not want to pay for benefits.

Imputed.

It's a big word. It has nothing to do with what her actual job will offer. It's about what she OUGHT to be, COULD be making.

It happens to obligors all the time, even when their company closes down. It's entirely common.

I'm ready to explain stuff any time you need me.

 

[fishermanSTEVE]

If anyone is familiar with the California Support calculator, dissomaster, or maybe its the same elsewhere, can someone explain the field "new spouse income"?

When i put everything else in, and leave the new spouse income part blank on my side, but add it to her side, the support i owe her goes up. Why is this? I would think if anything, it would go down because the new spouse income goes towards her household income. And if the new spouses income doesn't matter (like i've heard), why is this even an option?

Why would i owe her more money if she enters her new spouse income as opposed to leaving that out?

I am wondering because the dissomaster print-out she had her lawyer draw up and send me has that field entered on her end but nothing on my end (i am too remarried). When i put the same $ amount in both fields (her new spouse income and my new spouse income), it calculates more support than if both fields were blank.

Thanks!

 

[fishermanSTEVE]

OK never mind, i just found my answer by googling that.
DissoMaster Child Support and Spousal Support Resources

 

[LdiJ]

Imputed.

It's a big word. It has nothing to do with what her actual job will offer. It's about what she OUGHT to be, COULD be making.

It happens to obligors all the time, even when their company closes down. It's entirely common.

I'm ready to explain stuff any time you need me.

You completely missed my point. A judge is not going to impute an income that is not potentially available. I was responding to the fact that someone was recommending that she be imputed at her current, hourly rate.

Let me give you an example....since you apparently cannot understand it without one.

The going rate for CNA's in a nursing home is 10.00 an hour, for a weekly rate of 400.00 plus benefits. (these figures are for example only)

However, the parent works for nursing home A, that only allows a 30 hour weekly schedule because they prefer not to deal with benefits. However, they pay 15.00 an hour for a total of 450.00 a week.

A judge is not going to impute that parent 40 hours a week at 15.00 an hour, because that is NOT the going rate for the job. The parent cannot get a 40 hour work week at 15.00 an hour.