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Home > Law > Family Law   »   Child support

 
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Old May 28, 2008, 07:57 AM
it8ez2b
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Child support

Hey I recently was put on child support by my ex. The amount that was calculated I can't afford unless I sell my house or auto. Is it anyway or anything I can do to make my payments lower? ex. joint custody, etc.

oh I am located in Alabama

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Old May 28, 2008, 05:11 PM   #11  
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If I missed this, where you there at the child support hearings, did you submit your W2 and/or pay stubs to prove your pay ?? Also what is your income and how much did you get ordered to pay ??
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Old May 28, 2008, 05:21 PM   #12  
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Quote:
Originally Posted by stinawords
There are two types of custody. Physical Custody is how much time the child spends with each parent. This can have a large part of how much support is paid if you gain more Physical Custody. Howeve because you live so far away it isn't likely that you will be able to gain enough to make a difference. Legal custody is having a say in how the child is raised.

I have to disagree with stina on this one. ( sorry ). But there can be ways to get more time that makes a big difference. Time like alternate vacation times ( winter break and spring break ) Also getting them for the summer 6 weeks in a row or more. That way it cuts down on the travel time and the hassle of getting them to school when you live at a distance. Those times can count also and make for custody on more like a 80 / 20 or 70 / 30 basis dramatically affecting child support.

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stinawords agrees: This is true I was going off of this being a baby being that it happened only two weeks ago.
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Old May 28, 2008, 05:28 PM   #13  
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Quote:
Originally Posted by this8384
This is from the Wisconsin DWD website:


Child Support Guidelines
The Child Support Guidelines are based on:

• parent’s income
• how much time a child spends with each parent
• whether a parent is supporting other children


So when I say that custody is not a factor in the amount of support that is ordered, I am referring to CUSTODY, not the physical placement of the children.
This is a matter of semantics for which I assume is a regional thing. In cali its called custody. In most legal areas its called custody.

to Quote stinawords:

" There are two types of custody. Physical Custody is how much time the child spends with each parent. This can have a large part of how much support is paid if you gain more Physical Custody. However because you live so far away it isn't likely that you will be able to gain enough to make a difference. Legal custody is having a say in how the child is raised. end quote

otherwise why wouldnt they call it legal placement ?

So the wording might be different but the same thing applies.
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Old May 29, 2008, 07:59 AM   #14  
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Quote:
Originally Posted by JH123
JH123 disagrees: wisconsin is not the whole world
Did I say Wisconsin was the whole world? No, I did not. I was pointing out what the difference is between custody and placement by quoting the guidelines from MY state. I never once said that this is the law everywhere. Pay attention before you start slapping red boxes on people.
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Old May 29, 2008, 08:47 AM   #15  
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Quote:
Originally Posted by califdadof3
This is a matter of semantics for which I assume is a regional thing. In cali its called custody. In most legal areas its called custody.

...otherwise why wouldnt they call it legal placement ?

So the wording might be different but the same thing applies.
I get what you're saying; I think the problem here is a whole "You say to-may-to, I say to-mah-to" thing. My husband's divorce papers clearly spell out either "custody" or "placement"; they don't refer to "physical custody" anywhere in the agreement. So if I say "custody" I mean parental rights, not visitation. This is what led to the whole "custody doesn't affect your payment amount" statement that I made earlier.

Obviously, if Parent A has the kids every single weekend, their payments will be less because their out-of-pocket expense will be more. The less time Parent B has the children, the less they will need financially to support the children because Parent A will be feeding them, housing them, etc.
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Old May 29, 2008, 01:18 PM   #16  
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ok my income is about 2100 a month. i am ordered to pay almost 500 dollars. however, i took on the house and the cars.
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Old May 29, 2008, 01:21 PM   #17  
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oh thanks also guy!
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Old May 30, 2008, 04:14 AM   #18  
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Did you "take on" the house and cars as in, you got them in your divorce settlement? This should have all been considered prior to any agreement being signed; someone had to pay for them and someone needs to support the children, as well.

$500 out of $2100 really isn't that much. When my husband got divorced, he made $1600 beofre taxes every month and was ordered to pay $400. Like others have asked, how long ago was this order put through?
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Old May 30, 2008, 08:58 AM   #19  
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Quote:
Originally Posted by this8384
Did I say Wisconsin was the whole world? No, I did not. I was pointing out what the difference is between custody and placement by quoting the guidelines from MY state. I never once said that this is the law everywhere. Pay attention before you start slapping red boxes on people.
Quote:
Originally Posted by this8384
My husband's divorce papers clearly spell out either "custody" or "placement"; they don't refer to "physical custody" anywhere in the agreement. So if I say "custody" I mean parental rights, not visitation. This is what led to the whole "custody doesn't affect your payment amount" statement that I made earlier.
In more than 40 states there is a LEGAL TERM "Physical custody." For example-Pa
§ 5302. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Child."
Any unemancipated person under 18 years of age.
"Legal custody."
The legal right to make major decisions affecting the best interest of a minor child, including, but not limited to, medical, religious and educational decisions.
"Partial custody."
The right to take possession of a child away from the custodial parent for a certain period of time.
"Physical custody."
The actual physical possession and control of a child.
"Shared custody."
An order awarding shared legal or shared physical custody, or both, of a child in such a way as to assure the child of frequent and continuing contact with and physical access to both parents.
"Visitation."
The right to visit a child. The term does not include the right to remove a child from the custodial parent's control
Wisconsin Statutes-Chapter 822
822.02(3)
(3) "Child custody determination" means a judgment, decree, or other order of a court providing for legal custody, physical custody, or visitation with respect to a child.


Pay attention before you start posting on LEGAL BOARDS!!!!!
YOU HAVE TO LEARN AND USE THE LEGAL TERMS IN CORRECT WAY!



"I was always told ...So if I say "custody" I mean ..."What a "great" legal knowledge!

this8384 disagrees: Don't post another story agreeing with me and then disagree with me in the same question.
Bah-I agreed with OP-I have never told that I agree with you.
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Old May 31, 2008, 12:38 AM   #20  
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Administrative Office of Courts
According to Al law you have to pay $331 as CS.You may be required to pay health insurance,too.
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