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Question for OT Lawyers and Judges? Re: Child Support

Posted on 10/8/14 at 8:16 am
Posted by WalkingTurtles
Alexandria
Member since Jan 2013
5913 posts
Posted on 10/8/14 at 8:16 am
My son is 4 years old and I have been paying child support pretty much since. The job I had at the time of the judgement called for me to pay about $550 in CS and 280 in Day Care Obligations.

Now a while back I switched jobs, less money but better environment close to my home. The judge wouldn't lower my numbers because I voluntarily left. I got that and was ok even though I showed the judge the money I was investing in college fund and whole life insurance for my so . Went back again after working out a deal with the mother to alternate claiming for taxes(I had full priceless every year) and it was agreed to be a flat $700.

Now he is in Pre K and next year will start Kindergarten. The day care obligation should be over I would assume? Would it be worth going back to court for? My lawyer says it will but he wants the money, and my question is basically is day care obligations at the judges discretion or is limited to a certain school age when it has to drop off?

Also my wife and I are expecting our first child in April, does this new child affect the numbers?

Thanks just trying to hear thoughts before forking over money to my lawyer.
Posted by Pettifogger
Capitol Hill Autonomous Zone
Member since Feb 2012
79235 posts
Posted on 10/8/14 at 8:18 am to
If you don't trust your lawyer, go consult another one.

You need to speak with that attorney or another one and have them tell you the potential outcomes on these issues, and ask for a fair assessment of the likelihood of those positive outcomes.

Regardless of general perception, a good attorney will want outcomes to match projections.
Posted by Displaced
Member since Dec 2011
32713 posts
Posted on 10/8/14 at 8:18 am to
quote:

Also my wife and I are expecting our first child in April, does this new child affect the numbers?


i suspect you will be paying about the same in child support for this baby after your second marriage inevitably fails as well.
Posted by Boudreaux35
BR
Member since Sep 2007
21517 posts
Posted on 10/8/14 at 8:19 am to
quote:

The day care obligation should be over I would assume? Would it be worth going back to court for? My lawyer says it will but he wants the money, and my question is basically is day care obligations at the judges discretion or is limited to a certain school age when it has to drop off?


Your ex is probably going to claim she has before school and after school expenses will more than likely be the same cost.

quote:

Also my wife and I are expecting our first child in April, does this new child affect the numbers?


Nope!
Posted by WalkingTurtles
Alexandria
Member since Jan 2013
5913 posts
Posted on 10/8/14 at 8:22 am to
Never married her, was engaged, she started cheating so I left her. So I'm in my first marriage as it's very healthy, you know leaning from prior mistakes.
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 10/8/14 at 8:22 am to
Daycare won't be ending, kindergarten is just part of the day usually. And in summers, he will need daycare.

I don't think your new child makes any difference.

Be a good providing father and skip lawyers fees to maybe save $100/month.

Does your new wife work? That might go against you....

Get a better job
Posted by Boudreaux35
BR
Member since Sep 2007
21517 posts
Posted on 10/8/14 at 8:23 am to
quote:

Does your new wife work? That might go against you....


I don't think it will. However, if you get a better paying job, it could.
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 10/8/14 at 8:25 am to
Do you not have 50/50 custody ??
Posted by WalkingTurtles
Alexandria
Member since Jan 2013
5913 posts
Posted on 10/8/14 at 8:26 am to
I do everything I can for him, and yeah my works, she makes double what I bring in. My lawyer advised me to keep our finances separate, as to mitigate her ever trying to get my wife's money.

GeeOH, I think you may be right, a 100-150 saved a month vs lawyer fees and potential problems might not be worth it.
Posted by WalkingTurtles
Alexandria
Member since Jan 2013
5913 posts
Posted on 10/8/14 at 8:27 am to
I have 50/50 for the summer and all holidays. Otherwise it's every other Friday-Sunday.
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 10/8/14 at 8:32 am to
quote:

Otherwise it's every other Friday-Sunday.


Honestly the best thing I did was fight for 50/50. I was paying nearly 1800 monthly with same type of arrangement. I got tired of getting screwed and not seeing my kids enough.. Best thing I did was get 50/50.. I now pay my xpos and grand total of ZERO
Posted by WalkingTurtles
Alexandria
Member since Jan 2013
5913 posts
Posted on 10/8/14 at 8:37 am to
I live about an hour away from her so I wouldn't get 50/50 because of school. But the school he goes to is really good so I don't want too pull him out or create a fight.

And when school is not in session it's 50/50. Plus living an hour away allows me to avoid her or anyone she knows. And allows me to move up in my job without being taken to court again and again.
Posted by Austin Cajun
Austin, Tejas
Member since Aug 2013
1884 posts
Posted on 10/8/14 at 8:39 am to
quote:

Honestly the best thing I did was fight for 50/50. I was paying nearly 1800 monthly with same type of arrangement. I got tired of getting screwed and not seeing my kids enough.. Best thing I did was get 50/50.. I now pay my xpos and grand total of ZERO


That's interesting. Sounds like I may need to go back in front of a judge on mine. I have joint custody and have my kid 65% of the time and still have to pay her child support.
Posted by fr33manator
Baton Rouge
Member since Oct 2010
124314 posts
Posted on 10/8/14 at 8:42 am to
quote:

Also my wife and I are expecting our first child in April, does this new child affect the numbers?



Wait...you didn't learn your lesson the first time?
Posted by Phil A Sheo
equinsu ocha
Member since Aug 2011
12166 posts
Posted on 10/8/14 at 8:42 am to
Gotcha, well what ever works best for you I guess. Your best bet is to keep the status quo and move along wit it.. b/c if you provoke her in anyway , she has 14 years left to fight you in court for every nickel she thinks she's owed... Trust me been dealing with it for 10 years now
Posted by GeeOH
Louisiana
Member since Dec 2013
13376 posts
Posted on 10/8/14 at 9:28 am to
Yeah, lawyers fees add up and over small amounts aren't worth it. If you try and reduce, her lawyer will bring in your wife's money, wether or not the judge uses it, he will listen.

Go online and Google a child support calculator for LA and it will give you a figure that you should be paying. That's what the lawyers use for a baseline. If you're anywhere near that, just stay put and move on with life. Your spite towards the ex seems to be interfering with your approach...trust me, I've been there.

If the calculator spits out a MUCH lower amount, show it to your ex and discuss if you can agree between yourselves without both spending thousands on attorneys and ending up around that amount anyway.
Posted by 7thWardTiger
Richmond, Texas
Member since Nov 2009
24670 posts
Posted on 10/8/14 at 9:33 am to
Have your wife put you on child support! Will lower your numbers
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