Jada
Platinum
Reged: 06/02/07
Posts: 3220
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[quote]Unfortunally, the only way to resolve your issue would be to take it to court. If he's not voluntarily giving you the money based on your agreement, then there's no other option.
However, it sounds like you have been getting the better side of the deal anyways. Basically, if you are making $25,000 more than him, and custody is 50/50, then you would owe child support. In order for your child to benifit from the income that both parents make in an income share model, then you would be entitled to pay him money. Not only would you have to pay him, but he would no longer be entitled to pay half. But instead, only a % based on yours/his total income. You may be better off eating the $3,000 as it appears you'd by much more than that in the long run. However, most people in this group would be quick to state - your getting out of paying child support that your child is entitled to - so your only hurting your child by going around the system.
Just for fun, I ran a senerio in the Tennessee Child Support worksheet, which may or may not be similar to Kansas's system, but if you made $65,000 and he made $40,000, and there were no child care expenses involved, then you would have to pay him $260 /month in child support. [/quote]
In income share models, they usually add on for childcare and health insurance. If she is the one providing health insurance, he could very well end up paying her child support. Or it would be a wash with the childcare and health insurance. Which would then leave the medical expenses beyond what health insurance covers and the extracurricular activities. He could probably get to where is paid in proportion to income, but he would still be liable for what he hasn't paid. And if she can get the tax exemptions tied into his being current on his financial obligations, she would probably find it worth it to go to court.
And something is better than nothing.
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Jada
Platinum
Reged: 06/02/07
Posts: 3220
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You said:
He owes you $3000, you say. Guidelines say you owe him $260 monthly for 3 years =$ 9,360, and by % reduce the 3K by 20% to $2400. Balance you owe is $7,000 and his support gets reduced.
My response:
Actually, she doesn't owe him anything. They BOTH agreed to handle it the way it is in the court order (with no child support being ordered at all). He is reneging.
You make it sound like she is in arrears when she is not. In anyway, shape or form. The father, on the other hand, IS in arrears on his financial obligations to his child.
Why am I not surprised you are defending his actions?
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2144
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Actually, she doesn't owe him anything. They BOTH agreed to handle it the way it is in the court order (with no child support being ordered at all). He is reneging.
>>>>>>>>>>> Do you live in the real world ? An attempt to enforce is sure to be met with a request for modification , especially if she earns more .
You make it sound like she is in arrears when she is not. In anyway, shape or form. The father, on the other hand, IS in arrears on his financial obligations to his child.
>>>>>>>>>> You always insist on "guideline support " , via guidelines she may be the " deadbeat " .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Jada
Platinum
Reged: 06/02/07
Posts: 3220
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You said:
>>>>>>>>>>> Do you live in the real world ?
My response:
Yes, I do. But I do wonder about you.
You said:
An attempt to enforce is sure to be met with a request for modification , especially if she earns more .
My response:
You really do need a reading comprehension course. She may or may not pay child support, depending on who provides the health insurance. She is paying the childcare costs (including his portion as he is a deadbeat who refuses to honor his financial obligations), those two alone may be enough that she doesn't have to pay child support. It would be a wash. Of course, as I suggested, she should consult with an attorney in her area and find out exactly where she stands.
You said:
>>>>>>>>>> You always insist on "guideline support " , via guidelines she may be the " deadbeat " .
My response:
Actually, she isn't the deadbeat as BOTH parties agreed to no child support. BOTH parties agreed to handle the expenses the way it is in the court order. Guidelines do allow voluntary deviations from it. BOTH parties here agreed to do just that.
And now one of them is reneging. In this case, it is the father. He's the one who is shirking his responsibilities.
Of course, it would take reading comprehension to be able to understand that.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2144
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You really do need a reading comprehension course.
>>>>>>>> Funny , I think I've proven who has a problem with reading comprehension .
She may or may not pay child support, depending on who provides the health insurance. She is paying the childcare costs (including his portion as he is a deadbeat who refuses to honor his financial obligations), those two alone may be enough that she doesn't have to pay child support. It would be a wash. Of course, as I suggested, she should consult with an attorney in her area and find out exactly where she stands.
>>>>>>>> You forget the alternative , that HE's paying insurance costs and she will have to pay a butt-load of CS until the child is emancipated .
Actually, she isn't the deadbeat as BOTH parties agreed to no child support. BOTH parties agreed to handle the expenses the way it is in the court order. Guidelines do allow voluntary deviations from it. BOTH parties here agreed to do just that.
>>>>>>>>> CS is ALWAYS modifiable . The $3000 she's owed may be nothing compared to the amount she could owe him if he insists on guideline support .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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