Two children each has one?

[rscrd]

What is the name of your state?Colorado

My husband has two children. His ex-wife makes a couple of hundred dollars more than him. Neither has insurance. Each has custody of one of the children. How do you use a child support calculator, none have this scenerio. Or do you do it twice, once with her being the custodial, and once for him? We have to file a response to a court filing that she made recently saying that she has custody of both. Because my husband recently again lost a very good paying job and now is making 1/2 of what he was, we need to have answers.
Also, his son who is 16 lives more by 80% out of the home, at friends or with father than with his mother, on one calculator time spent is a factor...who is getting the credit when he stays with a friend?

Finally, a few years ago a court told my husband that he has the potential and that is what they used to calculate his support....he has the potential to win the lottery also, how long can they use that standard...it isn't like he wanted to lose his job, and hasn't tried to get a job making what he was it just wasnt possible.

 

[Silverplum]

When the kid spends the night at a friends or at grandma's, the person who gets the "credit" for having the child overnight is the person who was scheduled to have the kid and allowed the kid to go elsewhere. If "elsewhere" was the other parent, then that other parent needs to mark that on the calendar/log/whatever you use to keep track.

You need to run the calculations twice. Once for mom as CP of one and once for dad as CP of the other. Use the calculators from the COURTS webpage, not from anywhere else: you mentioned that "one" of the online calculators used time as a factor...ALL CS calculations in Colorado are based upon overnights. You're using a fake: drop it asap. Here's the link to the real calculators:
http://www.courts.state.co.us/chs/court/forms/domestic/childsupportguidelines.htm

Dad needs to be able to show the mediator/court that he did not lose his job on purpose: he wasn't fired for a bad attitude, it wasn't drugs. Get letters from former supervisors. Show what the job hunt has been like.

Use the yellow pages to find attorneys who specialize in family law and who offer free consults. There's bunches. Get your questions written out and get some free advice from a lawyer.

 

[kat1963]

If the 16 year old is living 80% at your home, file for a change in custody & support. Subpoena the 16 year old to testify that he rarely is under his mother’s roof and that you are having to provide for the majority of his expenses. Request child support from HER since she makes more money.
KAT

 

[rscrd]

The 16 year old doesn't stay at his fathers the 80% he stays at friends, his father doesn't find out until the daughter says something. As sad as it is there is no communication between his ex and him. But we have noticed that over the past year, the son doesn't even go to his moms for weekends. There are conflicts with the step-dad, which is why the daughter chooses not to live there either.

I would never agree to have his ex-wife pay child support, I know that it is probably proper, however we love this child and will do whatever it takes to make sure she has what she needs. By the same token, I do not feel that the ex-wife should get $ for a son she never sees. I would much rather pay his son directly, but I know that cant' happen. He has a job, and recently we have found out that he is no longer going to school. It is so sad because he is only 16, will be 17 in August.

Thank you for the responses.