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Exorbitant child support?

Skwerl
Skwerl
I make about 70k a year. I travel for a job I don't really want to do, working around 70 hours a week so she could stay home and home school our son. She has a masters and owns her own business. I barely made it out of highschool and the industry I'm in is doing more lay-offs. She has the abilitly to make easily twice what I do in a very secure field. Now that she wants a divorce (not me), I have to pay $1300 a month for one child. I know that will change when I get a new job and she works more hours, but does that sound right?
I also agreed to keep paying the mortgage ($1600/mo) for as long as it takes to sell the house even though I've already moved out. I will pay whatever I have to; I have no intention of being a deadbeat. It just seems like we never spent that much per month while we were married. We're trying to have a civil divorce, no lawyers, so I don't want to make an issue of this. I guess it just seems unfair and I needed to vent.
deleted_user
deleted_user
Look in your local county government's website. You should find a copy of the civil divorce court guidelines currently in effect. If not, get them at the courthouse.

All the formulas and panel recommendations should be in there.

It is not as good as a seasoned attorney but you can at least be informed about the general requirements placed on both parties.

good luck-
deleted_user
deleted_user
In NJ it would be 25% about 1458 a month. I would work out with her that if you are paying for house some of that go towards cs. Because that is what cs is for.
deleted_user
deleted_user
And what she makes dont mater. I know it sucks it only maters on when it comes to paying med or other bills. If she makes 2x's what you do then you will have to pay 1/3 of after school things and stuff like that.
deleted_user
deleted_user
It sounds extreme to me. And believe me, I'd let you know if I thought it was reasonable. First of all, have you checked out the CS worksheet for your state? If not, you should do so immediately. Second of all, how in the world are YOU able to survive on what you make after paying out $2900 in mortgage and CS? Next, how did the two of you come to this figure?

My suggestion would be to use the worksheet (states are different) then figure out a ratio for your income and pay the mortgage, etc. based on that ratio. If you make 70% of the total income, pay 70% of the mortgage.
deleted_user
deleted_user
This will help. www.jud.state.ct.us/lawlib/Law/childsupport.htm -
lycesq
lycesq
If she is living in the house, in California, the mortgage is her problem, not yours.

If the mortgage, taxes and insurance exceed the fair rental value of the house, then she may be entitled to a credit for the excess. If it is less, she owes you for the difference.

Lynne
deleted_user
deleted_user
*looks at "child support" cheques from wasband and shakes head coz it appears she is getting ripped off in a BIG way*
deleted_user
deleted_user
I can only assume that the $1300 figure was arrived at because you're sending the child to a private school or they have some sort of medical condition. I raised a step-daughter for 8 years and her bio-father paid $325 per month but he also had two other groups of children that he was obligated to pay for so there wasn't much left over for him to live.

How was the figure arrived at? None of us have enough information to know if it's fair or not.
deleted_user
deleted_user
Round these parts, there is this fabulous chart. It puts what higher earning spouse earns, then lower earning spouse, then you subtract.

The difference is what higher earning spouse pays lower earning spouse.
Skwerl
Skwerl
Nothing extraordinary. The figure is directly from the state cs worksheet. It comines our 2 incomes (I didn't mention hers, about 10k a year), deducts the standards (taxes, etc.), look it up in a chart, which comes out to like $410 a week. This number is what the state says people at our income level pay to support one child. It then separates the required contributions by the percentage of income, so if I make 75% of the income, I'm responsible for 75% of the $410.
In a nutshell.
deleted_user
deleted_user
I have a friend that is paying $1600 a month for two children and he isn't too happy about it either. I guess the important thing is that the child is properly provided for. The CS calculator doesn't take into account how much money you need to survive so I have to wonder about all those people that earn about half of what you make yet still have to make the payments. There must be a lot of arrears out there!
MsViv
MsViv
there is a formula to figure out child support. - go to this site and figure out the calculations for your state.
http://www.alllaw.com/calculators/Childsupport/
Are you sure it's just child support or is it combined with household expenses, which differs from mortgage payments.

if you aren't going through lawyers, where did these figures come from?
Don't get walked over. You may want to consult an attorney. Many will do 1st consult for free.
MsViv
MsViv
my stbx doesn't live here, but he is still responsible for his half of the mortgage. That's according to 2 attorneys I've spoken to and our mortgage company. Does he pay it.. No.
hopefully that will be worked out when we go for our divorce trial..
lycesq
lycesq
Ms. Viv - it's possible that in your state they don't look at the fair rental value issue like they do in California and that's the difference regarding what I said in post 2l.

Lynne
MsViv
MsViv
Oh, I understand Lynne, I know every state is different - geez, every divorce is different.
I just know I'm getting screwed in this whole thing so far. I just want his name off this mortgage and deed so badly - and crossing my fingers I'll be able to keep the house for awhile after the divorce.