College and child support question, time to fight back?

Get financial tips on divorce and asset division including child support laws, property division, and divorce settlements.

College and child support question, time to fight back?

Postby flynwa320 » Sun Nov 13, 2011 3:48 pm

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?
flynwa320
100+ Posts
 
Posts: 171
Joined: Sun Nov 13, 2011 3:34 pm

Re: College and child support question, time to fight back?

Postby Bubba Seal » Sun Nov 13, 2011 3:56 pm

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
Bubba Seal
1K+ Posts
 
Posts: 3537
Joined: Sat Oct 15, 2011 12:38 pm

Re: College and child support question, time to fight back?

Postby flynwa320 » Sun Nov 13, 2011 4:05 pm

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.
flynwa320
100+ Posts
 
Posts: 171
Joined: Sun Nov 13, 2011 3:34 pm

Re: College and child support question, time to fight back?

Postby Fatheroffour » Sun Nov 13, 2011 4:08 pm

What state you are in is always important in these discussions.
Everyone lies.
User avatar
Fatheroffour
Moderator
 
Posts: 27393
Joined: Fri Oct 12, 2007 8:37 am
Location: Top of the world

Re: College and child support question, time to fight back?

Postby flynwa320 » Sun Nov 13, 2011 4:42 pm

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
flynwa320
100+ Posts
 
Posts: 171
Joined: Sun Nov 13, 2011 3:34 pm

Re: College and child support question, time to fight back?

Postby Bubba Seal » Sun Nov 13, 2011 4:55 pm

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
Bubba Seal
1K+ Posts
 
Posts: 3537
Joined: Sat Oct 15, 2011 12:38 pm

Re: College and child support question, time to fight back?

Postby flynwa320 » Sun Nov 13, 2011 5:02 pm

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?
flynwa320
100+ Posts
 
Posts: 171
Joined: Sun Nov 13, 2011 3:34 pm

Re: College and child support question, time to fight back?

Postby Bubba Seal » Sun Nov 13, 2011 5:16 pm

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?
Bubba Seal
1K+ Posts
 
Posts: 3537
Joined: Sat Oct 15, 2011 12:38 pm

Re: College and child support question, time to fight back?

Postby flynwa320 » Sun Nov 13, 2011 5:26 pm

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
flynwa320
100+ Posts
 
Posts: 171
Joined: Sun Nov 13, 2011 3:34 pm

Re: College and child support question, time to fight back?

Postby Bubba Seal » Sun Nov 13, 2011 5:44 pm

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.
Bubba Seal
1K+ Posts
 
Posts: 3537
Joined: Sat Oct 15, 2011 12:38 pm

Next

Return to Finances & Divorce Forum

Who is online

Users browsing this forum: Cruzcampo, Dismissed Dad, FrasierCrane and 18 guests