re: Child support payments

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am I a slave to our previous "standard of living"?

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I'll start with this since there is so much retarded in this thread...and in general I'm speaking about Louisiana law.

A few things people really need to know:
1. The law governing your custody and child support payments will differ depending on several factors but it's mainly based on the state in which the child or custodial parent resides; however there can be other contributing factors. Family law will differ from state to state and what you can expect in LA may be completely different in MS or AL. In Louisiana, for example, a spouses income is only considered if you can prove that the new spouses income contributes to the ex's portion of the household expenses. This is generally a very tough burden to prove and (in Louisiana at least) it is rare that a spouses income is allowed to be considered when calculating child support. Rare as it may be, it has happened.....but read #2 carefully because even if you are able to prove it, it doesn't necessarily mean much.
2. Family law isn't necessarily black and white. Judges have a tremendous amount of discretion with regard to how they rule on each case and ultimately their rulings are supposed to lean toward the best interest of the child. What a judge does in my case does not determine what the judge does in your case. They rule based on facts in a case by case basis.
3. Yes, (at least in Louisiana) you can be held to a higher standard of living even if you quit your job. Child support can be calculated based on "potential income". So, sure, you CAN absolutely quit your high paying job once child support amount is set; however, the judge can and generally will NOT recalculate your child support obligation based on your lower income, so in many cases you will still be liable for the higher payments. If you legitimately lose a job due to industry downturn or some other factor such as disability, etc. then you MAY qualify for lower payments. This is where a judges discretion will come into play.

The judges discretion is the biggest wildcard. They can rule pretty much however they want and claim that the ruling is (at least in their eyes) in the best interest of the child at the time. Get a lawyer. Yes, a good one is going to cost you, but generally they are worth it.

And finally....the people stating that your relationship with your ex is a huge factor are absolutely correct. Things change. People change. Regardless of whether or not you like the terms of your judgment or child support order, always abide by it and do what's best for your child(ren). Be a good parent. Give them all the love and support they need. Spend as much time with them as you can and build memories. These are things you will never regret.

ETA: In Louisiana there is an Excel spreadsheet that is used to calculate general child support payment amounts. It takes many factors into account including both parents incomes, expenses, etc. One of the MAJOR factors is how much time the child spends with each parent. There are two tabs in this spreadsheet. The amount of time that your child is with you determines which tab (worksheet A vs worksheet B) your payments will be calculated on. Obviously if you don't spend a certain amount of time with your child (it's a percentage and you can either do the research or ask your attorney) your payments are calculated at a higher percentage of the totals. Again, the judge will have a tremendous amount of discretion when it comes to this and most other things in your case. The calculation that the spreadsheet spits out is a suggestion. They can lower or raise the amount you pay based on the facts you and/or your ex present. Your ex (or baby momma) can also agree to a lower amount. This is why it is wise to stay in good terms with your ex (whenever possible) and seek a legal professionals help. It may cost you up front, but can wind up saving you in the long run.

Child support in Louisiana is mainly based on the combined income of the 2 parents. Once you have that number the court will determine what percentage you make of the combined monthly income . ie: combined 100K annually. you make 60K/annually and your ex makes 40k annually. You are responsible for 60% of the child support.

Then you can go look on the support guideline chart and find out what the support is for your combined income and you owe 60% of that number.Other things that come into consideration is the amount of time you have your child and health insurance

Make sure you factor in the $ you'll spend on an attorney. Always, always work it out directly with the ex (if possible).

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Once you have that number the court will determine what percentage you make of the combined monthly income .

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Don't forget that said calculated income isn't based on what your hourly rate is on a 2080 hour work year. It's based on your W2 so if you worked a bunch of overtime during the period that they use in their calculation, then they screw you into paying it based on that calculation and not the calculation based on an hourly rate during a typical 2080 hour work year.

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If the two people are on good terms and can work out their own agreement

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Yes...This is why I strongly suggest keeping in good terms with the ex (or baby momma). Yours is a best case scenario and not everyone is so lucky. The thing is...even if you get a bad ruling today, it can always be changed in the future if the two parents agree to something different. This is a "keep your enemies closer" sort of perspective.

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Get your priorities in check baw, put your child first, suck up your pride, and get over your beef with her. That shite didn't work out, get over it.

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All ex'es aren't created equal buddy. You are fortunate.

Is it 50/50

Then they figure out the total cost to raise each child monthly and divide that number in half. Each parent is responsible for half.

If you make double what she does than you would be responsible for 67% and her 33%.

Go to your state of residence and use their child support payment calculator.

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The best bet is to move though, I live about an hour and a half away from son, and it's a 45 min drive to pick him up.

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So do you live 45 minutes from your son or an hour and a half?

If you want 50% custody then you have to move closer to your child, not farther away. Doesn't have to be right next door or anything, but once the child goes to school it's going to be a pain in the arse to drive 45 minutes every day to and from the school. On the other hand if you're ok with less than 50% custody then yes, definitely move.

They consider income, assets and earning capacity of both spouses including health insurance and other necessary costs for the child

You'll end up paying for everything. Meanwhile her and the new guy she's banging can afford to take the kids to Disney and buy them stuff. And you look like an ahole because all you can do is take them to the park and Chic-fil-A, after you get done paying for daycare, insurance, clothes, etc.

Welcome to hell my friend.