This is a hypothetical...

[CJane]

What is the name of your state? MO

Ok, I'm going to try to phrase this so it's not confusing for everyone.

In Missouri, the calculation takes into account 'other children in the parent's primary physical custody' and gives a credit of 'presumed support'. This amount is deducted from the monthly gross income of the parent with the additional kids.

Then, the calculation asks for the amount of 'child support actually received'. This amount is then added back in to the income of the parent with the additional child.

IF there IS a support order, that is NOT being paid, then there is nothing added back in and so the credit stands at (for example) $600 and can seriously affect the amount of support that the obligor pays for his/her own child/ren because the parent of the obligee's other children isn't paying his/her support.

Confused yet?

Here's an example.

Mr. X and Ms. Y have a child together.
She makes $2K/month
He makes $3K/month

She has 2 other children in her custody yielding a presumed support amount for them of $554/month. This is deducted from her monthly income.

She doesn't actually receive ANY support for those two kids.

This yields a child support amount of $410/month that Mr. X will be ordered to pay.

HOWEVER, if Ms. Y's other ex (Mr. Z) WAS paying the presumed amount of support, the obligation of Mr. X would only be $377.

Would Mr. X have standing to sue Mr. Z for causing HIM (Mr. X) undue hardship since Mr. X is being forced to OVER PAY child support due to Mr. Z's lack of responsibility?

 

[Zephyr]

heheheheh....sure post your hypothetical but not mine.....

 

[CJane]

heheheheh....sure post your hypothetical but not mine.....

Yours made my brain hurt.

 

[TinkerBelleLuvr]

Why are they taking into account if there are any other support orders? Why should it matter? I realize that they do things different down there, but still .....

 

[CJane]

Why are they taking into account if there are any other support orders? Why should it matter? I realize that they do things different down there, but still .....

Well, I guess, if they're going to take into account the other kids, it's only fair to take into account whether or not the parent is receiving support for them and adjust the credit accordingly.

This is more confusing though...

B. EXAMPLE: Mother, who has gross income (line 1) of $1,832.00 per month,
receives child support of $100.00 per month under an order for a child in her primary
physical custody who was born after dissolution of her marriage to Father.
(1) In Mother's action to increase Father's support obligation under the judgment of
dissolution, Mother is entitled to no adjustment (line 2c).

Doesn't this mean that if I were to file to increase SH's child support, I would get NO credit for having Twain? (Which I'm ok with, just asking)

(2) In Father's action to decrease his support obligation under the judgment of
dissolution, Mother is entitled to an adjustment (line 2c) of $248.00, which is the support
obligation of Mother from the schedule of basic child support obligations ($348.00 per
month) less the amount actually being paid for the current support of the child in
Mothers primary physical custody ($100.00 per month).

But if he filed to DECREASE his support, then I could claim the credit?

I know that's not the hypothetical I started with, but now I'm confused.

 

[Zephyr]

Yours made my brain hurt.

well your's is making my brain hurt

 

[majomom1]

The whole thing confuses me...

I think that if it is 'Ordered'... it should go on the Form 14 whether it is being received or not. I know that hurts the recepient, and much as I don't like SH... he should not have to pay more just because Asshat is not paying... and vice versa.

What is funny is... when I applied for assistance, back before mine was actually paying, I had a petition filed for divorce, with an amount stated for CS. Mind you there was no Order signed by the judge yet... but because I was entitled to CS... they used that amount from my petition, as income and disqualified me for any assistance. I wasn't receiving anything but still had to show it on my worksheet.

Also... I don't know if this is accurate, but someone told me that if my Dad loaned me money, during the divorce for joint bills or providing for the kids, then my Dad could go after my ex, in small claims court to recover that money...

I never looked that one up to confirm it or anything...

 

[CJane]

The whole thing confuses me...

I think that if it is 'Ordered'... it should go on the Form 14 whether it is being received or not. I know that hurts the recepient, and much as I don't like SH... he should not have to pay more just because Asshat is not paying... and vice versa.

I didn't mean my situation specifically. AH and SH BOTH pay child support. And for the past several months, AH has been paying more than ordered.


Just for the record.

What is funny is... when I applied for assistance, back before mine was actually paying, I had a petition filed for divorce, with an amount stated for CS. Mind you there was no Order signed by the judge yet... but because I was entitled to CS... they used that amount from my petition, as income and disqualified me for any assistance. I wasn't receiving anything but still had to show it on my worksheet.

That's odd. They must have changed that particular procedure.

 

[majomom1]

I didn't mean my situation specifically. AH and SH BOTH pay child support. And for the past several months, AH has been paying more than ordered.


Just for the record.



That's odd. They must have changed that particular procedure.

I know it wasn't your specific situation... I just used it to make my point. It is sad that one person can be ordered to pay more because someone else is not actually paying theirs.

Me thinks now, after becoming so much more knowledgable... that the person I may have talked to didn't realize I only had a petition and not a final order. I don't know for sure, but some of the things that have happened in the past, I now know were wrong...

I have now learned to check and double check.