50/50 split question

P

Pharasith

Guest
Jurisdiction
New York
I was divorced about 6-7 years ago (one child) and at the time my lawyer told me that I had to pay 17% of my income unless I had our daughter for 51% or more of the time, and that in cases where the child is at each household 50% of the time, whoever makes more money pays 17% to the one who makes less money. I signed an agreement to pay $400 a month and our child is at each household 50% of the time. I just read somewhere online that it should only depend on the difference in household income. I'm not sure but I believe her and her fiance's income is at least equal to mine if not greater. Was I ripped off in my divorce agreement? My lawyer made it sound like I was "lucky I didn't have to pay the full 17% and I was getting a good deal. By the way, the only sentence in our agreement that mentions the word "custodial" is "For the purposes of school only, the father (me) shall be considered the custodial parent."
 
Pharasith said:
I was divorced about 6-7 years ago (one child) and at the time my lawyer told me that I had to pay 17% of my income unless I had our daughter for 51% or more of the time, and that in cases where the child is at each household 50% of the time, whoever makes more money pays 17% to the one who makes less money. I signed an agreement to pay $400 a month and our child is at each household 50% of the time. I just read somewhere online that it should only depend on the difference in household income. I'm not sure but I believe her and her fiance's income is at least equal to mine if not greater. Was I ripped off in my divorce agreement? My lawyer made it sound like I was "lucky I didn't have to pay the full 17% and I was getting a good deal. By the way, the only sentence in our agreement that mentions the word "custodial" is "For the purposes of school only, the father (me) shall be considered the custodial parent."
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You might wish to revisit the child support issue.
You're NOT being ripped off in supporting your child.
It was an honor to support mine as children, and to some extent as young adults, paying it forward for what my wonderful mother and father did for me and my siblings.
By the way, child support can continue until a child is 22 years old in your state.
You might want to see a couple lawyers ASAP to fully understand your rights and responsibilities.
 
Pharasith said:
I was divorced about 6-7 years ago (one child) and at the time my lawyer told me that I had to pay 17% of my income unless I had our daughter for 51% or more of the time, and that in cases where the child is at each household 50% of the time, whoever makes more money pays 17% to the one who makes less money. I signed an agreement to pay $400 a month and our child is at each household 50% of the time. I just read somewhere online that it should only depend on the difference in household income. I'm not sure but I believe her and her fiance's income is at least equal to mine if not greater. Was I ripped off in my divorce agreement? My lawyer made it sound like I was "lucky I didn't have to pay the full 17% and I was getting a good deal. By the way, the only sentence in our agreement that mentions the word "custodial" is "For the purposes of school only, the father (me) shall be considered the custodial parent."
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Ripped off? Supporting your child is ripping you off? Smh.

There's no way that you both get the child exactly 50% of the time. It's not possible otherwise that child is living out of a suitcase. Someone is the primary residence - is it you or your ex?

Her fiance's income does NOT count into child support. That's not the fiance's child. It's your and your ex's child. Why do people think that the new significant other should pay child support or that their income should be counted in? I think that means you're the primary residence.

If you feel that something is wrong you can call other lawyers. But don't ever say that you are being "ripped off' taking care of your child.
 
leslie82 said:
Ripped off? Supporting your child is ripping you off? Smh.

There's no way that you both get the child exactly 50% of the time. It's not possible otherwise that child is living out of a suitcase. Someone is the primary residence - is it you or your ex?

Her fiance's income does NOT count into child support. That's not the fiance's child. It's your and your ex's child. Why do people think that the new significant other should pay child support or that their income should be counted in? I think that means you're the primary residence.

If you feel that something is wrong you can call other lawyers. But don't ever say that you are being "ripped off' taking care of your child.
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I have my children 50% of the time. My ex-wife and I alternate the schedule slightly so that one of keeps our girls on Sunday one week and the other the next week. The rest stays the same. It comes out as being 50% regardless of whether we strictly adhere to it to the second (which we don't).

My child support money really doesn't go to my girls. I work full-time in excess of 50 hours routinely. My ex-wife works around 20-22 hours a week at a pizza place. She refuses to seek another job or a different job. She wants the government and her deadbeat boyfriend to take care of her. She spends her down time smoking pot (she was doing it for years even before it was legal in my state). I pay her child support despite being saddled with $30,000 in debt that she couldn't assume ANY of when we divorced because she would never pay it and it would just cripple my credit.

So I understand the feeling of being "ripped off" which has less to do with having to support your child but more the feeling of having to give your ex money that can be spent any way she sees fit. She can blow it all on herself and there is zero I can say about it. In fact, when my kids need clothes, shoes, books, lunch money, school fees, etc. paid for, it comes from me. I write a check or give them money. Whenever they need anything, I pay for it. AND I pay my child support, even though I have my girls every bit as often as my ex-wife does. It's frustrating because I don't feel like my ex-wife does her part for the girls financially and I'm sure that's the "ripped off" feeling the TC is referring to.

Even with the above, I'm one of the luckiest guys on the planet. I'm free from that relationship. I get to see my girls and spend my time with them however I see fit (took them to Disneyland last September because I worked my butt off to get out from the towering debt). I'm free. I get to be free with them half of every week. And it is easily worth any monetary amount I must pay to my ex.
 
JakeFirst said:
I have my children 50% of the time. My ex-wife and I alternate the schedule slightly so that one of keeps our girls on Sunday one week and the other the next week. The rest stays the same. It comes out as being 50% regardless of whether we strictly adhere to it to the second (which we don't).

My child support money really doesn't go to my girls. I work full-time in excess of 50 hours routinely. My ex-wife works around 20-22 hours a week at a pizza place. She refuses to seek another job or a different job. She wants the government and her deadbeat boyfriend to take care of her. She spends her down time smoking pot (she was doing it for years even before it was legal in my state). I pay her child support despite being saddled with $30,000 in debt that she couldn't assume ANY of when we divorced because she would never pay it and it would just cripple my credit.

So I understand the feeling of being "ripped off" which has less to do with having to support your child but more the feeling of having to give your ex money that can be spent any way she sees fit. She can blow it all on herself and there is zero I can say about it. In fact, when my kids need clothes, shoes, books, lunch money, school fees, etc. paid for, it comes from me. I write a check or give them money. Whenever they need anything, I pay for it. AND I pay my child support, even though I have my girls every bit as often as my ex-wife does. It's frustrating because I don't feel like my ex-wife does her part for the girls financially and I'm sure that's the "ripped off" feeling the TC is referring to.

Even with the above, I'm one of the luckiest guys on the planet. I'm free from that relationship. I get to see my girls and spend my time with them however I see fit (took them to Disneyland last September because I worked my butt off to get out from the towering debt). I'm free. I get to be free with them half of every week. And it is easily worth any monetary amount I must pay to my ex.
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Child support isn't intended to go directly to the children. Child support is to pay things like rent, utilities, any thing to support the children. Honestly the person who receives child support can spend that money anyway he or she sees fit. She can blow it all on herself actually. And you don't have any say in it. That's how child support works. There's a set amount made based on your income and her income. Sucks but that's how it works. There's absolutely no legal guidelines on what a CP has to use child support for. Some people abuse it, others don't. I don't get anything so it is what it is.

Your situation isn't his though. So you can't say that's for a fact what's happening.
 

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