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Which formula to use to calculate cs?

post #1 of 6
Thread Starter 
I calculated 25% of stbx's gross income as child support, then I used an online cs calculator for my state (Maryland). The calculator amount was $700 less--$1100/m vs $1800/m.

I only included his income and mine, and 2 overnights a week, in the calculation. I didn't put in any numbers for insurance or child care, if that makes a difference.

I need to sit down and discuss numbers with him before we actually separate, and I'm not sure which amount to try to get. Anyone got advice?
post #2 of 6
I would go with the higher amount and negotiate from there. Include health insurance/child care in the numbers, or it may come back to bite you, if STBX doesn't use his parenting time and you're forced to pay out the nose for childcare.
What has he suggested for CS?
post #3 of 6
Definitely try the calculator again. You need to include the health costs and childcare costs. (Unless you're a SAHM and intend to stay that way.)

I guess I haven't heard of 25% of their gross income before. I was just figuring on using the state calculator. I actually make a bit more than STBX and the calculator weights it accordingingly. I think the theory is that they add it all together--the lifestyle DS could have if we were still married--and then pro-rates the costs based on income.

Based on some other threads, I'm also going to work on some kind of agreement about who covers activities expenses, extra medical expenses, college savings. I'm willing to shoulder some extra burden in those departments in exchange for having the tax deduction every year rather than alternating. (Except college savings...I'm going to ask him to put aside something every month...or a big chunk from his tax refund.) Then if it goes over a certain amount, we split the difference...something like that. Those are easy to forget about when you've got a really young kiddo, but it sounds like those are the clauses that really help later (if everyone complies!).

Good luck!
post #4 of 6
Thread Starter 
Quote:
Originally Posted by RollerCoasterMama View Post
Definitely try the calculator again. You need to include the health costs and childcare costs. (Unless you're a SAHM and intend to stay that way.)
I didn't put in health ins. because a) I'm not sure what he currently pays for the kids, and b) I'm not sure he's going to keep them on his plan. Something to talk out, for sure!

The childcare situation is a little complicated. I actually work at my dcs' school. I get quite a discount on their tuition, and free before and after-care. Their tuition comes right out of my paycheck.

Considering I took this very low paying job so the dc could go to this school, I would like stbx to take a higher proportion of the payment. Honestly, I'd like him to pay their tuition, because if I took a different job and we kept the dc at that school, it would cost around $20,000 more per year!

He might be a jerk and say just to put them in public school. I hope not, though! The school our little one would go to is improving, but has been bad for a long time. Also, they have no aftercare available! The school our older one would go to is nicknamed "The Blade." Also, the older one has Asperger's and needs a small, supportive school.

Stbx hasn't suggested any numbers for cs, yet. Maybe he's hoping I'll forget to bring it up.
post #5 of 6
You need to get your lawyer involved.

In my state, and most, if you go through the Friend of the Court for child support, here is what they mandate regarding support. The guidelines are pretty sensible IMO.

*If either (or both!) parent can get family health insurance for the children through employment at a reasonable cost, they MUST cover the DC. What they determine "reasonable" to be is a percentage of income that I'm not finding in my support papers. It's probably available online for your state.

*Child care costs are supposed to be split according to your income ratio. It's separate from the regular child support calculations. Out-of-pocket medical expenses are split along these lines as well.

*If you two are going to share legal custody, one parent cannot simply decide to pull the DC out of their current school because they don't want to pay for it.

I realllllly think you should consult your lawyer.
post #6 of 6
Quote:
Originally Posted by darien View Post
I didn't put in health ins. because a) I'm not sure what he currently pays for the kids, and b) I'm not sure he's going to keep them on his plan. Something to talk out, for sure!

The childcare situation is a little complicated. I actually work at my dcs' school. I get quite a discount on their tuition, and free before and after-care. Their tuition comes right out of my paycheck.

Considering I took this very low paying job so the dc could go to this school, I would like stbx to take a higher proportion of the payment. Honestly, I'd like him to pay their tuition, because if I took a different job and we kept the dc at that school, it would cost around $20,000 more per year!

He might be a jerk and say just to put them in public school. I hope not, though! The school our little one would go to is improving, but has been bad for a long time. Also, they have no aftercare available!

What you need to do is find out what the childcare costs would be if you had to send them to public school. And compare what his portion would be (in income share states, it typically is based on % of total income. If you made 60% of the combined pot and he made 40%, then he would be responsible for 40% of the childcare costs). If it is considerably more, then point out that his insistence on public school will cost him more money. If it is less, offer to cover the difference IF your attorney tells you that you are likely to lose this battle if it goes in front of a judge.
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