College and child support question, time to fight back?

[flynwa320]

Quick history:

3 kids, 12,16,17, one leaving for college (he hopes). College funding left until now per decree. I have the kids 12 days minimum and pay 1850 per month. Agreed to pay more than the original 32% as she was getting a degree to help out the kids(should have been 1610). In June, her amount goes to 28%, well guess what, she wants to see w2's, etc, to get more money. She also agreed to increase < parenting time > to 14 days (get kids more, awesome) She may get a little more money per overtime, but that has now stopped, (can prove with pay stubs) Talking maybe 250 more.

She has a OK job, 3500 after taxes. I have ok job, 6000 after taxes. After I give child support and she gets child support, She actually has more money than me before the bills come due. We both agree to have the child pay 25%, but the way I see it is we should split the remainder 50-50. Also, she quit a really good job to become a teacher. She "could" make twice as much if she choose to. I can not earn more money at my job. We live in a state where paying for college for a divorced child is a "right", kid probably wouldn't push it though.

Child support. I pay the full 32% even though I get the kids way more than the normal every other weekend Dad and the < parenting time > is going up. Should I get credit for the increased < parenting time >, paying for all the sports (1500 per year), 17 year olds car and insurance (200 per month) ,all not stipulated in the decree btw.

Time to fight?

[Bubba Seal]

Your agreement is your agreement, just because you paid more doesnt mean you get a rebate so too speak, you chose to do that.

Going forward dont pay anymore than the agreement.

If you plug your numbers into a calculator for your state and you are close, then I would leave this alone. You might be able to impute some income for her to give yourself some releif. But other than that, unless Im missing something, I dont know why you ask.

Just my 2 cents

Good Luck

[flynwa320]

My question is more about the college money split, If after taxes, both of our "pots of money" are the same, is a 50/50 split of college tuition reasonable? If it went to a judge, would they see it that way.

As far as the child support goes, if we can't agree, is the increasing amount of time I spend with them a reasonable "defense" to increasing money due to her from my overtime, ie the calculator says I owe her 400 more per month, but my < parenting time > went up 15%. I would call that a wash.

[Fatheroffour]

What state you are in is always important in these discussions.

[flynwa320]

Illinois, judge looks at income of both, child, assets (yeah right), kids ability. etc. Decree says we try to work it out, then mediation then court.

I originally offered 50% me, 25%mom, 25% kid, but then when I ran the numbers, I saw that she actually had more money than I did, I began to rethink this

[Bubba Seal]

But you figuring what she has after you have paid child support and she has recieved it.

I may be wrong but i dont think it will be looked at that way, you might get a free consult with a local attorney in your neighborhood and see if that will fly.

Good Luck

[flynwa320]

My point was she makes like 40 grand a year plus the 24k I give her for child support. I make 90 grand a year minus the 24k I give her. The "pots" are very similar. Why would it matter what she spends her money on? Are you saying if she spends all 64k on beer I should pay 100% of college?

[Bubba Seal]

I didnt say that you did.

You said you offered or were going to offer you 50%, her 25%, and the child 25%.

Is child support considered income in your state?

[flynwa320]

From what I am finding, any advantage goes to the mother, so it's probably not income. But, its still money she has to spend and it's money that I have paid taxes on and don't have the ability to spend.

Any ideas what is normal for college? My female attorney laughed when I told her what my offer was and said "that's pretty generous". Is 1/3 mom, dad, child normal? 50-50? Just trying to avoid sending my attornys kids to college instead of mine

[Bubba Seal]

Fly I didnt agree in my parenting agreement on anything college related, but my son is 19 and a college freshman, and Im paying everything after his scholarships, Im not expecting one penny from his mom.

Anyway good luck, I dont think you have much leverage with your amounts of money after taxes, in my state its figured off of our tax returns, there may be a SECTION that allows you to reduce your taxes with what you pay in CS.