QUESTION

I was married to my wife for 15 years with 2 kids, joint custody, if I make 100k and she makes 40k, what should I pay her?

Asked on Jun 02nd, 2013 on Divorce - North Carolina
More details to this question:
I get the kids from school and watch them after so I am providing child care. I currently pay her $1540 a month but it is breaking me. I have all the credit card bills she charged up when we were married that I'm trying to pay. And she just got arrested for shoplifting. I want to pay less than what I am. We have joint custody of our kids. I don't see why she needs so much.
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10 ANSWERS

Litigation Attorney serving Charleston, SC at The Falk Law Firm, LLC
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It is unclear from your post how much of the $1540 is for child support, and how much if any is for marital support (alimony).If you have shared custody, the child support obligation will be governed by how many overnights you have each year. For example if you have shared custody and you have the children over night for approximately ? of the year, then your child support should be around $515 per month. If you have shared custody and you have the children 109 nights a year the obligation would be about $975. If you have the children less than 109 nights then it would not be shared custody and the mother would be considered to have custody. For example if you had the children 60 nights your obligation would be about $1110. Child support could also be affected by other payments either parent pays- for example if you were providing medical insurance, the amount you paid as premium would be credited against your child support obligation.
Answered on Jun 03rd, 2013 at 9:40 PM

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You indicated that you have been married to your wife for 15 years. You did not, however, indicate whether you are currently in divorce proceedings. So, I will assume that neither party has filed for divorce. First, on the issue of child support. Child support in Georgia is determined by the online "Child Support Worksheet". Both parties are required to complete Domestic Relations Financial Affidavits. This information is then entered into the child support worksheet to determine the presumptive child support for each parent. Georgia does permit a deviation from the presumptive child support for good cause. Second, parenting time is also taken into consideration when determining whether the presumptive child support should be decreased or increased. Third, you mentioned that your wife was arrested for shoplifting. There may be issues in your case that could justify the judge awarding primary physical custody to you, if the judge believes that it is in the best interest of your minor children. Fourth, there is the issue of alimony. Certainly, you and your wife have been married long enough for that to be an issue. Fifth, marital debts, expenses, etc., must be addressed. Accordingly, to answer the question of "how much" you should pay to your wife will require much more information. To receive an accurate assessment, you should contact my office or the office of another experienced attorney, schedule a consultation, and provide the missing details to enable the attorney to properly address your questions.
Answered on Jun 03rd, 2013 at 8:12 PM

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This is not a simple question to answer. You need to contact an experienced family law attorney in your area for a consultation.
Answered on Jun 03rd, 2013 at 8:11 PM

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As you did not provide the amount you are paying for medical insurance of the kids, The correct support is $1541. Providing day are is great otherwise you might be ordered to pay at least 50% of that cost.
Answered on Jun 03rd, 2013 at 8:11 PM

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There is an x-spouse on the web. pull it up and see what you should be paying. Otherwise you should consult with an attorney. Your wife is responsible for 50% of the debt she incurred.
Answered on Jun 03rd, 2013 at 8:11 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Michigan has a set formula for child support based upon several factors..It is relatively hard to stray from the set formula.. The parties incomes and the amount of "overnights" the kids stay with the each parent are big factors in the calculation. So if you are just taking care of the kids after school and she gets them all night every night you should consider taking them for overnights also.. to do this you may have to file a motion to change the custody arraignment and she might resist it .. because it will limit her child support. you can contact an attorney or the friend of the court for more information.
Answered on Jun 03rd, 2013 at 8:11 PM

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Family Law Attorney serving Petaluma, CA at Law Office of Erin Farley
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This question is impossible to answer without more information on both parties' income, expenses, and an exact timeshare of the children. You are best off meeting with a family law attorney, even for an hour, to run the specific calculations.
Answered on Jun 03rd, 2013 at 8:10 PM

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What are you paying the $1540 for? Is it for child support? Is for maintenance? I cannot adequately answer your question without knowing more information. If you would like to discuss your specifics, however, feel free to contact our office for a free 30 minute consultation.
Answered on Jun 03rd, 2013 at 8:10 PM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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This is a pretty complex matter that will be best analyzed and addressed by a formal consult with an attorney, as you have multiple issues incident to the separation: custody, child support, property division (which not only includes the house but things like retirement as well as debts), and possible spousal support. An attorney would need to review the full financial extent of the parties' incomes, the marital estate, and numerous other factors to advise you on your situation.
Answered on Jun 03rd, 2013 at 8:10 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will need to see an attorney with the details of your situation. If the support was ordered your will have to seek a modification and a good attorney should be able to give you advice as to the chances of your success.
Answered on Jun 03rd, 2013 at 8:10 PM

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