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How do you calculate the percentage of time you have with kids?-- Got my answer - Page 2

post #21 of 33
Quote:
Originally Posted by JustVanessa View Post
Maybe its different in Canada, but its the parent with who the child resides that receives child support.
Actually, it's the parent who has custody, either sole or joint legal custody. Residency often is the same as In some shared or joint physical custody situations there is still a transfer in income between the parents in cases where there is a huge discrepenacy in incomes.

It's not typical and is usually a very small amount (typically calculated as the difference between what Parent A would have to pay and what Parent B would have to pay based on income).
post #22 of 33
Thread Starter 
I agree that that she should pay us. I was really shocked. At one point when we first got married we went to a lawyer and at that point we had him just about 100% of the time as she lived out of town. We thought we should get child support. Our lawyer told us not to open that can of worms because in reality, though she was seeing him one weekend over month or every other month, she could get child support from us for that one night a month she had him since we work and she doesn't. She lives with her boyfriend and hasn't worked in the 7 years we've been married. We live pretty modestly (dh is a construction worker and I work parttime), but any income is more than none. Basically, anytime we have any disagreement she says she's applying for child support. So, we are expecting it any day now.

There is only a "huge discrepency" because her income is zero. I'm expecting it to be a smallish amount of money especially if we get to subtract what we pay in health insurance for dss (I just re-checked, I pay 140 a month, just for him so that might wipe out her child support, depending on if they count the whole thing or half of it).

I was wondering if anyone has anything in an order about who pays for what. I know that even if she gets child support, we will still pay for everything, so is there any language in anyone's orders that says that parents have to buy clothes, pay doctor bills or help with health insurance?
post #23 of 33
Thread Starter 
Quote:
Originally Posted by liawbh View Post
THe time calculator is on the right side when you scroll down a little.

Here's the CA online support calculator:
https://www.cse.ca.gov/ChildSupport/...ineCalculator#
Am I on the right page? Is it on the deltabrave main homepage? I see a "time tracker" but it is a spreadsheet where you keep track of your visitation.


I'm wondering how to define the percentage of time in California. Overnights only? Partial days? Out of 28 days a month? 30 days? Per year? :
post #24 of 33
Hmm, I don't know. In oregon, they count overnights per year. And in OR, if one parent isn't working, they count the income as minimum wage, because thye assume that every parent is able to earn at least that much. THey won't calculate with an income of zero.

I would suggest calling the department of child support for your state, and asking them some of these questions.
post #25 of 33
Here's the link to the time tracker:
http://www.deltabravo.net/custody/tracker.php
post #26 of 33
Oh, this looks helpful. It's an online parenting time calculator and journal.
http://www.parentingtime.net/
Yikes, never mind, it's a paid thing.

But here's the page for contacting a Family Law Facilitator:
http://www.courtinfo.ca.gov/selfhelp/lowcost/flf.htm

They will answer questions, and help you calculate support.
post #27 of 33
Ok, if you run the calculator, when it asks for percentage of time, if you click on Advanced, it gives you a worksheet to check off which visitation you have.
post #28 of 33
Thread Starter 
Quote:
Originally Posted by liawbh View Post
Hmm, I don't know. In oregon, they count overnights per year. And in OR, if one parent isn't working, they count the income as minimum wage, because thye assume that every parent is able to earn at least that much. THey won't calculate with an income of zero.

I would suggest calling the department of child support for your state, and asking them some of these questions.
I've heard this to be true, but I was also told that since she has no history of work (on the books anyway) in the last ten years, they might use zero. Hopefully they won't!

BTW, I just played around with that last calculator posted and it said we'd owe her 38 dollars a month. Ok, I guess that's fine!
post #29 of 33
Thread Starter 
Talked to lawyer yesterday. She said some judges count overnights and some count by the hour. The judge we are assigned to counts by the hour, which is good for us. We got the papers to fill out. I was surprised to see a sections that says, "Who else lives in the house and contributes to the household? How much do they make?" Why is my income going on the papers?
post #30 of 33
Quote:
Originally Posted by Flor View Post
Talked to lawyer yesterday. She said some judges count overnights and some count by the hour. The judge we are assigned to counts by the hour, which is good for us. We got the papers to fill out. I was surprised to see a sections that says, "Who else lives in the house and contributes to the household? How much do they make?" Why is my income going on the papers?
Your income doesn't count in the child support equation....but it will count when the judge looks at the bills. They want to know if your dh is paying all of those bills by himeself or if he's only responsible for a portion of the bills. This only comes into play if someone claims a hardship as (I think).
post #31 of 33
Thread Starter 
Quote:
Originally Posted by moondiapers View Post
Your income doesn't count in the child support equation....but it will count when the judge looks at the bills. They want to know if your dh is paying all of those bills by himeself or if he's only responsible for a portion of the bills. This only comes into play if someone claims a hardship as (I think).
Ok. . . I think the lawyer said we'd each claim hardship because both biological parents have other children now. I'm so interested to know the numbers. I get the impression that the biomom thinks we make wayyyy more money than we do.
post #32 of 33
I have my kids every Wednesday night overnight and drop them off the following mornings at school. I have them every other weekend Sat-Sun, but sometimes I also pick them up Friday nights which I would estimate about 10 Fridays a year. How can I determine that?
post #33 of 33
Are you looking for the % of the year you have your kids? Assuming your state counts overnights, the time you describe would be 52 (Wednesdays) + 26 (1/2 of the 52 Saturdays) + 10 (Fridays) = 88 overnights.
This is 88/365 = about 24% of the year.

That's also assuming the Fridays (or all the days, really) are Court ordered since those are generally the only ones to count toward any reduction of child support, even if the ordered amount or days are more than what is actually spent with the children. If the ordered amount of days is not correct, that should be addressed with the Court.
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