Child support amount

[Cross Hair]

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

How is the amount of child support calculated? My wife is leaving me with the kids so she will need to pay me child support but I will need to pay her spousal support, what a screwed up deal. I want to just take the child support out of her spousal support to reduce the amount of money I pay every month, it seems like a clean way to do it.

--Two kids, (17 and 15) what would child support be ?

--Does child support end at 18 or when child leaves school ? Thru college ?

--Any laws about her paying any college cost for the kids ?

--How about car insurance ? Our 15 year old is a boy so I know insurance will be expensive.

--Money toward health insurance deductible ?

Thanks

 

[Ohiogal]

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

How is the amount of child support calculated? My wife is leaving me with the kids so she will need to pay me child support but I will need to pay her spousal support, what a screwed up deal. I want to just take the child support out of her spousal support to reduce the amount of money I pay every month, it seems like a clean way to do it.

NOpe it is not> Child support is NOT tax deductible. Spousal support is. Spousal support also counts as income. Child support does not.

--Two kids, (17 and 15) what would child support be ?

What are both you and your ex's incomes? What taxes do you each pay? Union dues? Health insurance premiums? What special needs do your children have? How much do they cost? What extraordinary expenses do the children have? Start with that. How many other children do each of you have?

--Does child support end at 18 or when child leaves school ? Thru college ?

Normally high school graduation or the age of 18 which ever is last. OR if the child is still in high school at the age of 19. NOT through college.

--Any laws about her paying any college cost for the kids ?

Nope. And I tell my clients NEVER agree to pay college cost.

--How about car insurance ? Our 15 year old is a boy so I know insurance will be expensive.

Oh well. The child gets a job and pays his own car insurance. Part of the expense of driving.

--Money toward health insurance deductible ?

Depends.

 

[TinkerBelleLuvr]

You may want to see what negotiations can be had with the X:

1. May/maybe not split car insurance
2. Maybe get an amount each parent will contribute towards college with child responsible for balance
3. Child support will be based on income. Spousal support is income, as would wages.
4. Spousal support is deductible from income for the payer; income for payee.

 

[Cross Hair]

Ohiogal and Ginny, thanks for your response. I had not factored in spousal support as part of her income when figuring child support.

Will support payments have to go thru the court or can we set it up as a direct payment between us?

Thanks

 

[LdiJ]

Ohiogal and Ginny, thanks for your response. I had not factored in spousal support as part of her income when figuring child support.

Will support payments have to go thru the court or can we set it up as a direct payment between us?

Thanks

Spousal support is generally a direct payment, child support more often goes through the state.

The point that was being made about the tax issues is that if you deduct her child support, from your spousal support, you lose the clean paper trail on the spousal support. If you want to do that, make sure that your agreement clearly spells out exactly what is happening. That is shows the full amount of the spousal support, the full amount of the child support, and that you are being permitted to deduct the child support from your spousal support prior to making the actual payment.

I would consult with an attorney before assuming that you can add the spousal support to her income for the purpose of calculating child support. It would make sense, but I am not certain that the law reads that way in every state.

 

[Ohiogal]

Spousal support is generally a direct payment, child support more often goes through the state.

Not in Ohio. Both go through CSEA.

The point that was being made about the tax issues is that if you deduct her child support, from your spousal support, you lose the clean paper trail on the spousal support. If you want to do that, make sure that your agreement clearly spells out exactly what is happening. That is shows the full amount of the spousal support, the full amount of the child support, and that you are being permitted to deduct the child support from your spousal support prior to making the actual payment.

I would consult with an attorney before assuming that you can add the spousal support to her income for the purpose of calculating child support. It would make sense, but I am not certain that the law reads that way in every state.

LD the OP is in Ohio. Ohio calculates Spousal support as income for child support purposes. And he should NOT be agreeing to pay anything for college.

 

[LdiJ]

Not in Ohio. Both go through CSEA.



LD the OP is in Ohio. Ohio calculates Spousal support as income for child support purposes. And he should NOT be agreeing to pay anything for college.

OK, then we have the correct answers on those issues.

My main point was that he needs a clean paper trail (for tax purposes) on the spousal support, therefore its critical that the agreement/orders be written up properly.

While it doesn't make sense on a non-tax basis, I would prefer to see the CSEA withholding child support from her wages, and OP making a full spousal support payment. It would be less likely to cause issues with the IRS that way. He certainly wants the full benefit of the tax deductible spousal support.

I suspect that he is in the 28% marginal tax bracket. (or will be once single) Therefore between fed and state taxes its probably somewhere near 35%. That means that every 1000.00 of spousal support only costs him 650.00 in disposible income if he gets the full benefit of the tax deduction. That's nothing to sneeze at.

 

[Ohiogal]

OK, then we have the correct answers on those issues.

My main point was that he needs a clean paper trail (for tax purposes) on the spousal support, therefore its critical that the agreement/orders be written up properly.

While it doesn't make sense on a non-tax basis, I would prefer to see the CSEA withholding child support from her wages, and OP making a full spousal support payment. It would be less likely to cause issues with the IRS that way. He certainly wants the full benefit of the tax deductible spousal support.

I suspect that he is in the 28% marginal tax bracket. (or will be once single) Therefore between fed and state taxes its probably somewhere near 35%. That means that every 1000.00 of spousal support only costs him 650.00 in disposible income if he gets the full benefit of the tax deduction. That's nothing to sneeze at.

I agree with you. It makes sense that he should pay full spousal support payment IF the court orders spousal support and that she should then have to pay child support.