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Monday, December 21, 2009

Child Support Laws are changing

The ideal of this blog when I first started was to tell all the horrors of child support, but after the first story I began to think that one could become redundant! So my ideal was to take it to the next level of reporting and show some news with a twist. So one thing that I continue to try and stress is that the law is not fair or impartial when it comes to men and how the Courts deal with the.

Thank goodness for the Child Support laws changing for the better and protecting the men a little more. Although I don't understand what these judges are thinking when they impose these gross and unreal income tax on these super stars income! I am shocked that these women who make their own millions still expect the men to give them another few millions of tax free income.

Now with the New law that passed, it is suppose to change everything in how the calculate the income. Now the income is shared and if both parents make $50,000 they spilt child support equally. The days of not considering the mothers income is gone. Taking care of the child is the interest of the Court... Or that is what they tell the fathers of the world...

The new Income Shares formula will be applied in any marriage dissolution (divorce), legal separation, paternity action, or other action where child support is ordered for the first time, or changes an existing child support order. The Income Share formula applies to all cases filed in court after January 1, 2007.
Pre-existing child support orders will not automatically change because there is a new law. For one year starting January 1, 2007, modifications of pre-existing child support orders are allowed only in limited situations, or if the parties agree to change the support. See Limits to Modifying Existing Orders in 2007.

So remember when decision are made now this is the guidelines that they are suppose to be following

The general legal concept of "child support" is made up of three (3) parts:
1) basic support = costs for a child's housing, food, clothing, transportation, and education costs, and other expenses to care for the child
2) medical support = health insurance and other medical/dental costs
3) child care support = child care costs when parents go to work or school
"Joint child" is a dependent legal child of both parents in the support action.
"Non-joint child" is a dependent legal child of one, but not both parents, in a support action. [NOTE: A step-parent is not considered the "legal" parent of his/her step-child, unless the step-parent legally adopted the child.]
Important Factors
The Income Shares formula includes the gross income of BOTH parents in figuring the amount of child support.
The amount of court-ordered parenting time (visitation) is considered in calculating "basic support." If a parent has the child between 10% and 45% of the time, the parent gets a 12% adjustment (reduction) in child support owed. If the parenting time is less than 10%, there is no adjustment to child support. Percentage of time is generally calculated by counting overnights the child spends with the parent.
The law presumes that both parents can or should work and earn an income. The Income Shares formula considers this "potential income" as a factor in determining support.
By law, if the parties do not provide specific details about their income, the court will set child support based on other available evidence, including past work experience, the current legal minimum wage, or it will set a minimum amount provided for in the law.
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