I was under the impression.....

[424Smudge]

What is the name of your state? In Az

I just read a post that said that a new child in the relationship does not change the child support. Is the law in Az different? Mom and dad were divorced, mom remarried and had 2 more children. Mom does not work ans was assigned a min wage income of 7.00 an hour. That made her income $1100 a month. She then had day care subtracted (even though the children do not use day care) at the rate of $700 a month. Then she received a deduction for the 2 NEW children that she has at the rate of about $610 a month which leaves her roughly $210 in income a month. How come she was able to get an income deduction because of her new children? I did the math and even without the day care, my husband pays roughly 200 a month more in child support because she received credit for the 2 new children. On top of that he also pays all of the transportation. Is this right or is he getting shafted?

 

[NotSoNew]

every state is different. NJ also allows deductions for subsiquent children, but many states do not.

 

[nextwife]

If she is capable of earning more than min. wage, he should advocate for her income impution to be based on what she COULD be earning. What was she earning before she stopped working? What could she now be earning in that job? If she's being imputed the bare minimum and is capable of earning more, then more income should be imputed.

 

[424Smudge]

She was making about 9 an hour but her lawyer argued that since she did not work during periods that they were married (specifically the end but she was going to school and my husband told her she either needed to get a job or go to school full time) that the fact that she chose to be a stay at home mom should not be heald against her. The judge went for it.

 

[SingleMom67]

... the fact that she chose to be a stay at home mom should not be heald against her. The judge went for it.

I understand and can accept the SAHM thing, particularly when the kids are young. But how in the world did she get daycare in the calculations????? Did I misinterpret that?

 

[424Smudge]

I understand and can accept the SAHM thing, particularly when the kids are young. But how in the world did she get daycare in the calculations????? Did I misinterpret that?

She claimed that IF she was working she would need daycare but the kids are 11 and almost 9. They are in school while she is at work.

 

[424Smudge]

This lady is emotional and every time we try to change the CS she breaks down and cries about how her kids won't have anything then and throws a huge fit in court. She is crazy, she looked at a judge and flat out told him once that she would not do what he was telling her to do.

 

[NotSoNew]

they did the same thing to us, if they impute an income they impute daycare costs. with the kids being older though i would think you could fight that, after school care isnt going to cost 700 bucks a month.

 

[nextwife]

Hmmm. I have a full time income, and still only pay child care during school breaks and scummer vacation, and either hubby or I always see our kid to school or meet her bus after school. I know LOTS of working people who found jobs that don't require child care for school age kids.

 

[NotSoNew]

Hmmm. I have a full time income, and still only pay child care during school breaks and scummer vacation, and either hubby or I always see our kid to school or meet her bus after school. I know LOTS of working people who found jobs that don't require child care for school age kids.

oh i agree, we both work full time and our daughter is only in daycare 3 days a week, however the court just assigns a "calculation" they dont care if someone else is available to watch the child. in our case mom had planned on going back to work and had someone to watch the child for free. but she didnt, and the courts said if they impute and income they impute daycare.

 

[SingleMom67]

This is where a lawyer worth their salt comes in!!!

 

[424Smudge]

The thing is, my husband has the children during all school breaks but she received credit for all 12 months even though the kids attend a year round school. Anyways, we are not too concerned about the daycare because AZ law recently changed stating that any child over the age of 10 cannot be claimed as a deduction for child support. My main concern was the 2 other children. Since the day care is now out it would be nice to know if she can legally claim the other 2 kids as a deduction?

 

[Inquiry123]

What is the name of your state? In Az

I just read a post that said that a new child in the relationship does not change the child support. Is the law in Az different? Mom and dad were divorced, mom remarried and had 2 more children. Mom does not work ans was assigned a min wage income of 7.00 an hour. That made her income $1100 a month. She then had day care subtracted (even though the children do not use day care) at the rate of $700 a month. Then she received a deduction for the 2 NEW children that she has at the rate of about $610 a month which leaves her roughly $210 in income a month. How come she was able to get an income deduction because of her new children? I did the math and even without the day care, my husband pays roughly 200 a month more in child support because she received credit for the 2 new children. On top of that he also pays all of the transportation. Is this right or is he getting shafted?

In AZ, during modification of support the court may treat the obligation of either parent to support other children as a "substantial and continuing" change in circumstances.

Here's how to beat her at her own game. She had two more kids? YOU have two more kids! Modify the support amount again -- Because AZ uses a shared-income model, your deduction will be much greater given your percentage of the overall income! However, you probably won't be able to afford daipers for your two new kiddo's!

Better yet, have your husband "adopt" a couple of Angelina Jolie's kids...she can afford the daipers and you'll still get the deduction in your support case!

Sorry no better news. Good luck.

 

[424Smudge]

We are adopting children which leads to a new post now.... I will start a new thread though.