QUESTION

If we are both residential parents, have our child 50% of the time, then why would I have to pay so much in Child Support?

Asked on Oct 03rd, 2013 on Child Custody - New Jersey
More details to this question:
What is the basis of this? I pay her daycare, her health insurance and like $700 a month in Child Support when the daughter's mom works full-time. If this goes through, then there is no way I can take care of my daughter. Can I appeal on the basis of I won't have a house to live in, etc.? I don't get it, you work hard to get a good job and now the other parent who chose not to do that is rewarded. Is there a case where this has happened and the father won?
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6 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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First, take comfort that in Utah, the more overnight periods you have the children in your physical custody, the lower your child support obligation. Although it may come to you as cold comfort, it could be worse, had your ex-spouse been awarded sole custody of the children. Second, parents are generally required to share (usually equally) many different kinds of support costs for their children: monthly financial support to meet monthly living expenses for the children; child care, if the parents cannot take care of the during the work day; health and dental insurance and the costs of uninsured health care costs. As to your question about whether you can appeal your child support obligation, the answer is yes, you can. Remember, however, that just because you can ask the court to reduce your child support obligation does not mean that the court will agree with you and give you want you want. Here are the bases upon which you can seek a modification of your child support obligation (any part of your obligation, not just your monthly base child support obligation, but the obligation to share the costs of health insurance, health care, and child care): Utah Code Section 78B-12-210. Application of guidelines Use of ordered child support. (2) (a) *The guidelines shall be applied as a rebuttable presumption in establishing or modifying the amount of temporary or permanent child support*. (b) The rebuttable presumption means the provisions and considerations required by the guidelines, the award amounts resulting from the application of the guidelines, and the use of worksheets consistent with these guidelines are presumed to be correct, *unless rebutted under the provisions of this section*. (3) A written finding or specific finding on the record supporting the conclusion that complying with a provision of the guidelines or ordering an award amount resulting from use of the guidelines *would be unjust, inappropriate*, or not in the best interest of a child in a particular case is sufficient to rebut the presumption in that case. If an order rebuts the presumption through findings, it is considered a deviated order.
Answered on Oct 07th, 2013 at 4:49 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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In Idaho, there is a formula that is used. If you both make about the same and both have 50%, then you should probably pay little if anything. If you make substantially more, then you will have to pay more. The tax exemption also has an effect on the total payment.
Answered on Oct 03rd, 2013 at 3:49 PM

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Personal Injury Attorney serving Jersey City, NJ at Law Offices of Anthony Carbone, P.C.
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Because you earn more money.
Answered on Oct 03rd, 2013 at 12:31 PM

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William M Stoddard
Residential credit is an Avery calculation. Were the worksheets adjusted for this? If not, then that needs to be done. If you have the child(ren) more than 91 nights a year, then you have a right to an adjustment. Of course, if your income is twice hers, you will still owe. It merely adjusts what you owe by how much expense you have because of the expected higher residential time.
Answered on Oct 03rd, 2013 at 11:54 AM

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Divorce Attorney serving Bingham Farms, MI at Gottlieb & Goren, P.C.
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Child Support is first calculated based on a computerized program that takes into account income of each parent and parenting time. The parties or the Court can deviate for good reason. In making the calculation, income can be imputed to the other parent if there is adequate proof of ability to work.
Answered on Oct 03rd, 2013 at 10:41 AM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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There are facts missing from those presented. Does the court know that you have a shared custody arrangement where you have the child 50% of the time?
Answered on Oct 03rd, 2013 at 9:21 AM

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