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child support question

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mommyto4

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What is the name of your state? Arizona

I am do not work by choice my current husband makes enough to support our household. My ex wants to recalculate childsupport which I agree. Since I do not work he is asking for inputed income which I agree with however I believe that if inputed income is requested then I should be allowed to claim what child care/afterschool programs would be for the two children involved. He disagrees.

Am I allowed to claim what child care would be if he request for an income for myself?
 


mommyto4

Member
I am not sure myself as the last time we did child support we had lawyers. We are doing this ourself this time and he has requested that I have income inputed as if I were working. If I were working the children would be in daycare/afterschool programs. That is why I was wondering if you can include that as well. If not that is fine I am just wondering.
 
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BelizeBreeze

Senior Member
I am not sure myself as the last time we did child support we had lawyers. We are doing this ourself this time and he has requested that I have income inputed as if I were working. If I were working the children would be in daycare/afterschool programs. That is why I was wonderful if you can include that as well. If not that is fine I am just wondering.
You can't unless it is a legitimate expense. Since you are not working then you have no income with which to pay daycare so even if your current husband pays it, you don't get the expense.

Doing so would perpetrate a fraud.
 

mommyto4

Member
So can he request that I have inputed income since I have none? Would that be the same thing? Sorry for the noobish questions I am just wanting to make sure that I do this correctly! :)

Also another question he is in arrears for past childsupport for a 2 year period can portion of those funds be added to the monthly payment?
 

BelizeBreeze

Senior Member
So can he request that I have inputed income since I have none?
Yep, because under law, you and he have the same obligation to suppor the children. The court considers your not working as voluntary and although not required, you are still required to support your children, not your husband.
Would that be the same thing?
nope.
Sorry for the noobish questions I am just wanting to make sure that I do this correctly! :)
your imputed income will be close to what you actually made in your last job or what the court believes you COULD be earning if you found work based on your education and experience.
Also another question he is in arrears for past childsupport for a 2 year period can portion of those funds be added to the monthly payment?
They will be.

The entire situation is the same as if the Non-custodial parent decided to stop working. I guess you wouldn't like that much right? Well, the law treats both parents with equal gloves.
 

mommyto4

Member
Wonderful :)

Thank you for your help on that matter I apperciate it :)

I don't count on the money for child support as income because when he moved back to town he started paying again but is still currently behind. I just want to make sure that we do it correctly so that there is no problems in the future.
 

nextwife

Senior Member
What is the name of your state? Arizona

I am do not work by choice my current husband makes enough to support our household. My ex wants to recalculate childsupport which I agree. Since I do not work he is asking for inputed income which I agree with however I believe that if inputed income is requested then I should be allowed to claim what child care/afterschool programs would be for the two children involved. He disagrees.

Am I allowed to claim what child care would be if he request for an income for myself?
How old are your children? It is NOT automatic, in a household with two parents, that a SCHOOL age child would even generate a child care expense. My child has not had day care since she was 6 - either hubby or I (or afterschool programs like girl scouts, chess, or violin) are always there for her at 4 pm, when she'd be dropped off by her bus. So working full time and bringing in a full time income does NOT automatically mean there IS a day care expense (and my kid is NOT a latch-key kid- one of us is always there on days she does not have an afterschool program). Of course, there IS a summer camp expense, because kiddo is not in school.
 
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mommyto4

Member
Children are 11 and 8

8 year old would still need care for in a specialized setting. He is HH and has aspergers disorder.

11 year old would probally need afterschool care or nothing at all.

8 year old was my main concern as if I would have to work he would not be able to stay on his own.
 

BelizeBreeze

Senior Member
How old are your children? It is NOT automatic, in a household with two parents, that a SCHOOL age child would even generate a child care expense. My child has not had day care since she was 6 - either hubby or I (or afterschool programs like girl scouts, chess, or violin) are always there for her at 4 pm, when she'd be dropped off by her bus. So working full time and bringing in a full time income does NOT automatically mean there IS a day care expense (and my kid is NOT a latch-key kid- one of us is always there on days she does not have an afterschool program). Of course, there IS a summer camp expense, because kiddo is not in school.
whoa there nelli......I get daycare now and then and it's WONDERFUL...especially early morning care :D
 
I believe that if inputed income is requested then I should be allowed to claim what child care/afterschool programs would be for the two children involved. He disagrees.

Am I allowed to claim what child care would be if he request for an income for myself?
Yes, in AZ, childcare costs that would exist may be taken into consideration if an income is imputed. It happens everyday.

The AZ Child Support Guidelines may be helpful...see p. 4 of the link below...

http://www.supreme.state.az.us/dr/childsup/CSG2004.pdf

Good luck.
 

LdiJ

Senior Member
IF they exist. OP is trying an end-around -- as a SAHM, she HAS NO child care costs. :rolleyes:
I don't see it as trying an "end run". An income is being imputed to her. I think its valid to also impute daycare costs. After all, if she was really working and bringing in that income, she would really have those daycare costs.

I know that I have seen cases from AZ before where daycare was imputed. It also makes perfect sense to the accountant in me, LOL. When budgets and projections are drawn up to determine what effect certain income has on an overall situation, the expenses that that hypothetically income would generate are also taken into consideration.
 

Silverplum

Senior Member
I don't see it as trying an "end run". An income is being imputed to her. I think its valid to also impute daycare costs. After all, if she was really working and bringing in that income, she would really have those daycare costs.

I know that I have seen cases from AZ before where daycare was imputed. It also makes perfect sense to the accountant in me, LOL. When budgets and projections are drawn up to determine what effect certain income has on an overall situation, the expenses that that hypothetically income would generate are also taken into consideration.
Sounds like a dumbass system all the way around.

So Mumsie gets to sit on her behind and Dad has to work. Then, hypothetically, Dad has to pay 100% of all costs for the child/ren, because Mumsie doesn't have/want a job. She has NO responsibility in all of this? Puh-leeze.

And when Dad wants to impute income -- bare minimum for Lazy Mumsie -- she gets up off her behind long enough to come up with a FALSE "EXPENSE" for which she wants credit. Good one, Lazy Mumsie. Good one. :rolleyes: :rolleyes: :rolleyes:
 
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