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Child support calculation answers (181)

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Q: 

child support and daycare

A: I didn"t see an answer for the question about my income ever counting towards child support. Is there any circumstance where my income would be evaluated for his child support. You income would only be relevant if you were supporting your Husband and he did not have a full time income. It may also be taken into consideration if you seek to reduce your Husband"s current child support obligation based upon the needs of your and his daughter. We know the DOR is going to send a request for a financial affidavit. My husband gets commission but it varies from month to month and there is no constancy. How should that be...


Q: 

Armed Forces child support re-calculation due to newborn

A: Hi Jana, I will address your questions as asked. I was wondering if asking for a re-calculation on the support would be beneficial to us? Possibly. If the Mother"s income has increased and your Husband"s income has been relatively stable then a modification could very well be beneficial. Depending upon the time sharing plan you may want to consider not filing for a modification until the beginning of the new year as the new child support statutes recently passed take effect January 1, 2011. The new statutes create sweeping changes to how child support is calculated and basically recognizes and financially considers the time that the

Q: 

child support when children are receiving SSDI on custodial parents record.

A: The Social Security Disability payments belong to the child, you as the custodial parent are to use those payments for the extra care the child needs. To allow any part of that money to be credited towards your income would be, in essence, requiring the child to pay their own child support. I found nothing in the Ohio child support Guidelines or laws which specifically deals with children receiving SSDI. Ask an attorney to research this issue in Ohio Case law and let you know if the practice of counting SSDI in the guidelines as income for the custodial parent has been challenged in the...


Q: 

child support changes

A: Hi Cheryl, it could very well be correct. However, that change in circumstances would warrant a change of the child support calculation. I can advise you that in Florida the child support in this situation would be calculated as follows. Your Former Husband"s net income would include the amount he receives from SSD, together with any other amount he receives from any other source along with the amounts any child receives in their name as a result of your Former Husband"s disability. The basic child support would be calculated with his net income and your net income. Then any amount he would be...


Q: 

child support

A: Hi Nick, the answers to your questions as presented are as follows: 1.  No, the Mother of your children is not permitted to withhold access to the children based upon your payment of child support. This is assuming that you have a ordered time sharing schedule. If there is no ordered time sharing schedule then there is no schedule she is required to follow. 2.  Yes, she can sue you for back child support for a period of 24 months prior to the filing date of the suit. If you have paid support directly I hope for your sake it was by way of check or some other traceable instrument...


Q: 

Verbal child support

A: Hi Mel, unless you confirm that there was a verbal agreement for him to pay at a lower rate then the court in all likelihood will require him to make payments on the arrears based upon his obligation to pay $700 per month. Initially, the child support order should have taken into account the costs of your daughter"s school and that cost should have been proportioned between you and your ex-husband within the child support calculation unless of course the school tuition was not being incurred at the time the child support was calculated or it was just not considered at the time of calculation....


Q: 

child support

A: Hi Paula, you should file a Motion for Rehearing on the child support arrears. The arrears should be calculated based upon both parties net incomes at the time the child support was then due. If the court imputed income to a party when that party had an income exceeding the imputed income the child support calculation for that period would be incorrect. Temporary child support orders are modifiable under the final order as the request to establish child support goes back to the date the original Petition was filed. In...


Q: 

Question regarding child support and visitation

A: Hi Laura, no your income will not be considered in the child support calculation for your Husband"s children and no you could not be granted child time sharing rights. If your Husband"s former wife is not cooperating with the ordered time sharing then a motion for contempt should be filed each time she does not follow the order until she does follow the order or the court changes custody do to her continued non-compliance. I hope this information was helpful to you. This answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another...


Q: 

child Timesharing and child support

A: Hello Again Mark, if the order was initially conformed when the child was pre-school age and the time sharing does not reflect the existence of a school schedule then, that in and of itself would be sufficient to petition for a Modification. With regard to you questions concerning contempt. If Mom was ordered to provide health insurance and she is doing so and the current policy is comparable in benefits to the policy available from Mom"s employer then the court is not likely to find her in contempt. However, if there is a difference in the cost of the policy (ie. it is less expensive than the original policy then that may have a downward effect on your child support, assuming of course the costs of the original...


Q: 

SSDI Benefits and child support

A: Hi Birgit, there is in fact case law that covers this issue. I do not know the case/s off hand and it would need to be researched and shepardized to confirm that it is still good law. From my last case dealing with this issue the ssdi benefits received directly by the child as a result of a parents disability is applied to child support arrears and obligations from the date the disability benefits are approved. The child support calculation is also effected as the amount received by the child is included in the net income of the disabled parent together with that parent"s net income including his or her disability...


 
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