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Family Law Expert
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Jul 29, 2007, 02:46 AM
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California?Tawny,remember what you sent me as a PM:D :D :D
By the way I have a lot of examples.Here is what I think is the best:)
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Senior Member
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Jul 29, 2007, 02:53 AM
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Originally Posted by GV70
The second example./Tawny-forgive me but it is the same as the picture which I posted and I know-you like this picture the most.../The man has as his own a house .He got divorced,the court ordered him to leave the house, to pay forty per cent of his income as child support and twenty per cent more as alimony.Ok-he earns $2,000 a month-and NowWhat -he has to pay $1,200 as support/alimony,he has to pay taxes/not all is tax reduced/,he has to rent a room...and all has to be done with $800./There is no question is it fair or not/.After that the woman begins to live with her new lover in the same house.No comment-guess alone.
Well it all depends on the specifics of the case. Why he moved out of the house? Did she have to buy him out of the house? Was he abusive and the judge ordered him out? Was it a trade off for other marital assets, account, pensions? Typically though it is court practice to award the family home to the parent who retains custody of the children so as to cause the least amount of disruption and the most stability for them and that parent buys the other out. If neither parent can afford to buy the other out and can not work out a trade off then both are ordered to sell the property and split any proceeds. Forty percent or 5 per of his pay in child support... whatever the amount it is based on the amount of time the child/children spend in each parents physical custody and the incomes of both parents. Support amounts are a very specific calculation of factors based on fair terms. How many children was it for? Alimony isn't awarded in every case so what was the basis for awarding it? Was she a stay at home mom, how many years were they married? Both legit reasons to award alimony. (there are others, those are only 2)...
It depends on a lot of things and without knowing I couldn't say if it was fair or not. Maybe it is, maybe not.
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Senior Member
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Jul 29, 2007, 02:54 AM
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Originally Posted by GV70
California?Tawny,remember what you sent me as a PM:D :D :D
By the way I have a lot of examples.Here is what I think is the best:)
Yuppers, I remember.
And I totally agree.
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Senior Member
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Jul 29, 2007, 03:03 AM
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Originally Posted by GV70
in a recent Second District Illinois Appellate Court decision, which holds "a trial court may equitably consider the income of a parent's current spouse in determining an appropriate award of child support...In general, a new or subsequent spouse's income is not supposed to be included in figuring child support calculations. Doing so will almost always raise the support amount for the non-custodial parent. Even though it's not supposed to be included, judges and attorneys will often attempt to add it in one way or another It's not uncommon for your spouse's financial data to be requested by either the court or opposing counsel as part of a child support modification. Typically they'll want you to provide your spouse's tax returns, bank statements, and pay stubs, although often just the income tax return will be enough for them to draw a figure from.However, because couples are likely to pool their resources, thereby possibly increasing the resources available to the supporting parent, the employment or income status of the supporting parent's new spouse is relevant to the issue of the parent's "available means" where marriage to a spouse earning a substantial income results in the parent having more disposable income available since remarriage
They only considered a portion of the new spouse's income. Only the portions/custodial parents share of the household bills that were paid for on behalf of the custodial parent by the new spouse were used to calculate the amount. And it was considered a contribution or gift, adding to the income of the custodial parent but not specifically considered as the custodial parents income.
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Ultra Member
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Jul 29, 2007, 12:35 PM
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You know, there is an awful lot of talk about women taking men for all they are worth when it comes to support. What about the men that take NO responsibility for their kids? It must be more of a problem because there are special agencies put in place just for them - the Dead Beat Dads?
I actually know more men that run away from their responsibilties than women who take a man for all he's worth (actually I don't know any women like this).
I still say - when you (mother and father) became parents - you BOTH are FOREVER responsible for them. Financially, physically, emotionally. Period!
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New Member
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Jul 29, 2007, 02:08 PM
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When a quesiton about support and custody is put all of women desire to transfer this question to gender question and the explanation usually is,"We,women are victims and men are dead beat pigs..." I am a victim of fraud of this sort of women which are interested in MONEY only.It is not a gender question.It is a common question but I suppose you feel comfortable yourselves when crying that only you are victims.
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Senior Member
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Jul 29, 2007, 02:19 PM
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I personally do not believe all women are victims and men are dead beat pigs. I believe there is a fair share of evil amongst the genders and that there are a good number of reasonable good trying to be fair also.
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New Member
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Jul 29, 2007, 02:46 PM
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Originally Posted by tawnynkids
Well it all depends on the specifics of the case. Why he moved out of the house? Did she have to buy him out of the house? Was he abusive and the judge ordered him out? Was it a trade off for other marital assets, account, pensions? Typically though it is court practice to award the family home to the parent who retains custody of the children so as to cause the least amount of disruption and the most stability for them and that parent buys the other out. If neither parent can afford to buy the other out and can not work out a trade off then both are ordered to sell the property and split any proceeds. Forty percent or 5 per of his pay in child support...whatever the amount it is based on the amount of time the child/children spend in each parents physical custody and the incomes of both parents. Support amounts are a very specific calculation of factors based on fair terms. How many children was it for? Alimony isn't awarded in every case so what was the basis for awarding it? Was she a stay at home mom, how many years were they married? Both legit reasons to award alimony. (there are others, those are only 2).....
It depends on a lot of things and without knowing I couldn't say if it was fair or not. maybe it is, maybe not.
GV70 didn't said it was a real story.But it happens .
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Senior Member
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Jul 29, 2007, 02:59 PM
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Sure, but it also happens in the reverse. My mistake, thought GV was asking if it was fair or not.
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Uber Member
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Jul 29, 2007, 08:50 PM
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Whether it sounds fair is a matter of opinion. Some may consider it fair and some not. But, fairness notwithstanding, it is not legal. That being said, the presence of another stepparent-type figure in the child(ren's) life has no bearing whatsoever on the paying of child support.
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Family Law Expert
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Jul 30, 2007, 12:29 AM
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Originally Posted by GV70
... with $800./There is no question is it fair or not/.After that the woman begins to live with her new lover in the same house.No comment-guess alone.
Where I put the question about is it fair or is it not fair...
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Family Law Expert
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Jul 30, 2007, 12:31 AM
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Originally Posted by s_cianci
Whether or not it sounds fair is a matter of opinion. Some may consider it fair and some not. But, fairness notwithstanding, it is not legal. That being said, the presence of another stepparent-type figure in the child(ren's) life has no bearing whatsoever on the paying of child support.
Directly-no but indirect-yes.
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Ultra Member
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Jul 30, 2007, 06:01 AM
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I don't think women turn this into a gender issue. 9 times out of 10 a child will remain in the custody of its mother. So, when an x has to pay the child's mother - he gets mad and says that the woman is evil and will miss use the money.
Is that a woman turning it into a gender issue?
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Ultra Member
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Jul 30, 2007, 06:22 PM
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Actually... question for Xeno. If the non-custodial parent gets married/lives with someone, should they have to pay more child support to the custodial parent? After all, they now have more resources at the disposal to aid their child.
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Senior Member
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Jul 30, 2007, 06:56 PM
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Originally Posted by froggy7
Actually... question for Xeno. If the non-custodial parent gets married/lives with someone, should they have to pay more child support to the custodial parent? After all, they now have more resources at the disposal to aid their child.
Good angle :). But I'd say no, because they are the non-custodial.
XenoSapien
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Senior Member
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Jul 30, 2007, 11:07 PM
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The only reason you are starting to believe that you shouldn't have posted your amendments here is because you are finding that if put to a broad general public you are not going to get the support you are hoping for because they simply have to many holes in them and are aimed at being gender biased.
When you actually aim your goals at truly bettering the position of the child and not specifically just one parent or the other you will find some support.
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Senior Member
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Jul 31, 2007, 02:50 AM
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No, I'd say this is not correct. As an example that I have to explain more, froggy7 wouldn't have made a wild guess that I was married, and was just 'trying to get out of it'.
You say 'many holes'. My proposal is only so long, and I'm afraid that I don't see as many holes as you do. And if you look at the original question, I'm only asking on here as to whether it is fair or not. I'm saying nothing about promoting support.
The current system is gender biased in favor of the woman and you know this. So a few rights for the men overrides the courts current prejudice against men, and makes a balance.
XenoSapien
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Ultra Member
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Jul 31, 2007, 03:21 PM
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You should ask WHY the system leans towards the mother instead of the father. What are the reasons for it? Is the mother more nurturing? Does the child benefit more from having the mother as the constant?
And, if you are having children with people that are not a spouse - shouldn't you really think about if you want to be tied to this person forever (through the child) before you have sex and create that child? I mean, people are having kids with people they barely know. If you really thought about things BEFORE you had sex and made the child - would you be in this predicament? I am sure when you had sex - the last thing you were thinking about was a future child and support and all the things that go along with children. Now you know that the consequences of sex run a lot deeper than satisfaction at the end of the night.
Just a thought.
And "you" is used in a general term.
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Family Law Expert
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Jul 31, 2007, 04:11 PM
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Let this thread to be closеd. I think we have already said all.
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New Member
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Aug 7, 2007, 06:07 AM
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Not being persecuted huh? I guess your on the receiving end of the money like all you other women? Ive been paying child support for 25 years with 5 years to go, my entire adult life! Im 45. Let me spell it out for you honey.
Lose your job and try and pay these outragous payments and after a few months your 5000 dollars behind, you are now a FELON! The courts won't lower your payments if your laid off your job! NOW
As you struggle to try and pay your own bills, mortgage, car note they then take your drivers license away from you so you can't get a job and lock you up if they catch you driving without it.
All the while these outragous payments start adding up to ridiculous amounts of money, fee's, interest, etc
Then if you can't get a decent paying job they just knock on your door, handcuff you and haul you to jail all the while your payments are stacking up. NOW WHAT! Now your freedom is gone! This is what happens when you lose your job in the UNITED STATES!
If you do get a job usually because you can't take the time to get a good paying job equal to your skills due to the pressure from the state and MOM sitting there with her hand out you take a job that pays much less and still have to pay the outragous amount of money.
End of the year and now all your income tax returns are confiscated and given to good ol MOM!
I could go on and on. All that crap about being responsible is a joke! You want to be fair about then set the child support at a 1000 a month an let the mother be responsible for her end of it. 500 a month, half just like dad pays and let her lose her job and see how she likes it! If both parents are responsible then why is only the FATHER drug into court every year and ordered to bring in all his income receipts to see how much more money HE ONLY gets screwed out of. Where the hell is MOTHERS financial responsibility!! She has NONE, she just takes! And if she wants more drags the DAD back into court and squeazes all she can out of him.
Ill tell you what its like living with a child support order, I have 25 years experience and counting! Its like being owned by your X-girlfriend who wields the power of the state and federal government to stomp on your legal right to privacy and just about all your constitutional rights. I can't even take a lower paying job to move back to the small town I lived in to be by my grown children because Ill end up in JAIL! Im owned by my X girlfriend. Its called involuntary servitude when the state forces you to work then takes your money from your forcibly and with the threat of taking your freedom to be thrown in jail and beaten and gang raped if you don't pay the ransom, the amount of money they want you to pay, not what is reasonable or fair, or an amount you can actuall afford to pay! With all this, the MOTHER has ZERO financial responsibility and also gets every single tax deduction there is for herself, the FATHER gets absolutely NOTHING! He also has to pay all the income tax on the money MOM gets. Hell I could go on and on!
Don't TELL ME WE ARE NOT PERSECUTED!! You live on the other side of the fence for a while and tell me how you like it over there. Ive been drug into court by X wives and girlfriends more times than Charles Manson! And every time its "MORE MONEY"
Being a father in this county and then losing them to failed relationship is a curse, an absolute nightmare that never ends. Im making damn sure my son has no kids until the laws start protecting fathers. Its easy for women to sit back with 90% of them getting custody, the house, the money, the alimony, the car, full custody, the tax breaks. Basically EVERYTHING! And dad gets all the bills and a payment coupon book the size of the yellow pages and threatened for 18 years! What does a woman have to lose? NOTHING!
What do you have to say about that? We are not persecuted? Yeah Right!
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