Child Support?

[SadDad]

Stats:

NH

Based on GAL rec likely we end up around 57-43 (me), worse case 55-45. GAL called it a "shared" plan.

I make $150k, she makes $35k

I pay 100% off all kids expenses (besides food and entertainment when they are with her)

I pay her $1500 in alimony a month. Length not final but likely another 2 years.

I pay all joint debt (a lot) besides her $180 per month in CC bills.

I cant seem to find a definitive answer if Im on the hook for CS. My L thinks no, another friend who recently got divorced in NH says no as well...or am I < edited >?

Any nationwide barometer or statewide precedent out there? I google it and get all sorts of conflicting answers.

[CCR]

It's up to the judge in NH. Read the following article:

http://www.nhfamilylawblog.com/2010/08/ ... t-so-fast/

With that said, your attorney would better know the prevailing attitude of your judge and local court. If he/she says no, then you probably won't be paying CS.

Also, look at http://www.gencourt.state.nh.us/rsa/htm ... 58-C-5.htm

[anonymous guest]

NH doesn't consider parenting time in determining CS. From what I understand, money flows from the spouse with money to the other, regardless of parenting time. I was looking at paying $1200 to $1300 in CS even tho I have majority of parenting time. You are really screwed with a big income disparity in NH.

That was one of the main reasons I tried very hard to negotiate a settlement.

Figure CS on the NH CS calc for you paying your STBX, and your STBX paying you. Then subtract hers from yours and that is what NH guidelines are. Your lawyer should be able to tell you what the expected outcome will be, and hopefully your lawyer has some experience with your judge.

Any hope of settling out of court?

[SadDad]

99% sure we will settle AG, will only go to court if I take it there in an effort to get more time. She wasn't happen with the GAL report and wants this over.

I did the quick NH calc you mentioned, and without impact for me paying for everything (including her heath insurance) I would owe her $2100 per month. I sure that would be lower when she starts paying her share of everything but its still a giant chunk.

Not sure were my Lawyer was coming from, our my friend who just went through the same court/judge and isnt paying, but I sure hope your wrong...otherwise the kids lose there chilldhood home.

Settlment is clearly best from a financial side, although if she is smart she would push for longer alimony.

[anonymous guest]

You are really at a disadvantage with the income difference. My EXs lawyer brought it up over and over again at our temp order trial.

If she wants to settle, put together an offer and see if she goes for it. Maybe ask her what she thinks is fair and see what she says. If its less than the CS calc and something you can afford then it may be worth doing.

Be careful settling tho, especially if you agree to alimony and lower CS. She can always go back for more CS if there is a significant change of circumstances. Then you are stuck with high alimony and high CS!

Did your lawyer say you would be on the hook for alimony? NH is not really an alimony state. Your EX would have to be unable to work, have no skills, etc. Its clearly spelled out in the RSA. Then again, my mediator (who was a marital master for 15 years) said she would have given my EX alimony (income difference again).

[SadDad]

My lawyer was pretty confident on two things:

1) Alimony will end soon. One more year is standard in NH.
2) If there is a Child Support fight (which would mean a trial), despite the income diff, that I'd come out OK. Believe it or not after housing, schooling, elite sports training, medical, braces etc, she currently has MORE excess cash then me. This is verifiable on our Financial docs.

My feeling is that NJ REALLY wants to avoid trial. She is emotionally fragile, has no cash and her parents have none either. She recently mentioned having to go Pro Se (which would be a huge win for me) if this goes on much longer.

I think my best bet is to go on the offensive next week and smother them with requests for documents (including AA attendance records, work time sheets to prove she lied to GAL about how often she saw the kids, med records from STD test after affairs + all the normal BS that gets asked for). This will push her off the deep end for the short-term regardless if 1/2 of what we ask for we would never get. It will look like we are preparing for a massive battle, focusing on her lies to the GAL and force a settlement.

Thoughts?

[Bubba Seal]

on your number 2, who has more excess cash isnt ussually taken into consideration.


Asking for more paperwork, may help get her nervous and want to settle, but it could drag things out longer. It will drive up litigation cost.

I dont have any real advice other than to get it over as soon as possible, all you may be doing is stopping yourself from getting on with your life.

Good Luck

[anonymous guest]

Come up with a fair/reasonable offer and send it to her. It should be enough so she doesn't have to live in a dump and has enough cash for the kids. It shouldn't be enough that she doesn't have to work tho.

Focus on what is good for the kids, given the current situation.

In my case, I pay for 100% of the kid and her expenses. I also pay 100% child care. I am paying out 10K in alimony over 2 years but figured that is what a trial would have cost me. No CS from either of us, tho by rights she should pay me since I have residential and probably 60 to 70%.

The big thing about the trial is its a complete crap shoot. I made a deal I could live with in order to avoid trial. There is still mommy bias, even in our states court.

[SadDad]

AG, was it 2 years of alimony post settlement.

I have been paying her $1500 per month for 14 months, so I figure I would offer $1000 for an additional two years. I Also pay all after car and camp summer costs.

From a financial standpoint it puts on even ground financially for the next 2 years.

I hear you both on making a quick settlement. But at this point NJ is driven my 2 things (1) The whims of her lawyer and (2) her emotional fragility...she really wants this over.

If her L wants to go for CS I'm in for a fight because NJ will follow blindly, and although its quite risky, I am as confident as one can be in a trial (already have a 2nd weekend job lined up if this happens). Its really that black & white with her lawyer. I can remember a dozen times NJ and I had a real simple side agreement that got blown-up by her L. Her L is only in it for the cash.

Eitherway by being aggressive out of the box next week I don't think it will hurt. If they are in it for a cash grab they know they are in for a fight and NJ WILL crack. If they arent all the better, it will show NJ we arent screwing around and will lead to a faster settlement.

I will do some hard math and see what I can live with from a cash side. Maybe an extra year or two of alimony is the answer.

[CCR]

Just know that second job will be eventually evaluated to increase CS...you will be locked into a higher amount and it will limit your time with the kids.