: Would I have to pay child support after divorce if..



mnext02
03-08-07, 02:59 PM
wife makes 120k and I make 60k?

CadillacSTS42005
03-08-07, 03:02 PM
im pretty sure yuh...
doesnt matter income they are your kids...
there are lawyers on the forum whom i sure will chime in

mnext02
03-08-07, 03:04 PM
im pretty sure yuh...
doesnt matter income they are your kids...
there are lawyers on the forum whom i sure will chime in

if she makes that much, i shouldnt have to pay anything. its just 1 kid.

Spyder
03-08-07, 03:07 PM
Ya, but you're the dad and she's the mom. You're screwed. Especially if you're in California. Good luck though...crappy situation to have to be in...

mnext02
03-08-07, 03:16 PM
i am in minnesota, she wants to move to california and i dont want to.
thats what would cause this

ejguillot
03-08-07, 03:16 PM
You will have to pay SOME child support, but it will be considerably less than what it would be if she made less money than you. Every state has different laws. First piece of advice: Find a good lawyer, you'll need one!

mnext02
03-08-07, 03:22 PM
You will have to pay SOME child support, but it will be considerably less than what it would be if she made less money than you. Every state has different laws. First piece of advice: Find a good lawyer, you'll need one!

what would it cost me per mo ballpark?

RightTurn
03-08-07, 03:31 PM
what would it cost me per mo ballpark?

Most states have guidelines for calculating support. Contact your state offices for child support or do an online search. Also, many lawyers have an initial "free" consultation, so see if you can find one.

The child is yours and you owe support no matter what your spouse's situation. It's all about the child, not the ex. Good luck.

OffThaHorseCEO
03-08-07, 03:31 PM
is your wife hot, i need a sugar momma

120k...

OffThaHorseCEO
03-08-07, 03:35 PM
i think not, i think it would be only if you were the one making more, and then you left the household and took all your income with you, the child would then not be able to lead the life he was living, or the life he coulda lived if you and your money were present.

but since she has the larger income, it shouldnt be a problem

especially at 120k

but are you saying that, you havent divorced yet and she wants to move so you wanna divorce her cause you wanna stay? you dont hate her guts, she isnt cheating, its just cause you dont wanna move?

mnext02
03-08-07, 03:44 PM
i think not, i think it would be only if you were the one making more, and then you left the household and took all your income with you, the child would then not be able to lead the life he was living, or the life he coulda lived if you and your money were present.

but since she has the larger income, it shouldnt be a problem

especially at 120k

but are you saying that, you havent divorced yet and she wants to move so you wanna divorce her cause you wanna stay? you dont hate her guts, she isnt cheating, its just cause you dont wanna move?

that sounds better!

no i am not divorced, it hasnt even been discussed or anything. no shes not cheating, and no i dont hate her guts.
yes its just because i dont want to move. i have been here all my life, and have a good job that i am overpaid at. i dont want to go out there and start over, then it may not work out and i would come back and be screwed.

OffThaHorseCEO
03-08-07, 03:59 PM
that sounds better!

no i am not divorced, it hasnt even been discussed or anything. no shes not cheating, and no i dont hate her guts.
yes its just because i dont want to move. i have been here all my life, and have a good job that i am overpaid at. i dont want to go out there and start over, then it may not work out and i would come back and be screwed.

hey keep in mind im not a lawyer, and you might as well just consider my advice opinion...or what i THINK is the way it should work

about the situation, who cares, would she still be making 160k in cali, if so, live it up, get a job youre regular paid at, if it was her idea she cant hate you for living primarily "off of her money". not saying thats the case but if i was you i wouldnt worry about it and go to cali to live it up

EcSTSatic
03-08-07, 04:33 PM
I'm with CEO. Geography is a dumb reason for divorcing the one you promised to spend a lifetime with.
That being said, I think you will have to pay something, the child is half your responsibility.

I hope you work this out.

dkozloski
03-08-07, 05:36 PM
The money goes to your kid and not your wife. Real men step up to the plate and support their kids whether they're married or not. Any man that would stiff his own kid on child support is a no good son-of-a-bitch. You can come up with a hundred reasons why you shouldn't have to give your ex money but there is no reason good enough to stiff your kid. They didn't ask to be the victim of your bad choices. Anybody that would try to get their licks in at an ex through their kids is beneath contempt. The excuses about visitation don't fly. It's a completely different issue and needs to be settled in family court, not by making the kid suffer.

railven
03-08-07, 05:36 PM
My friend just went through the whole legal battle a few months ago so I had to listen to him bitch about it.

I'm going to say this first: try and save the marriage.

Regardless, you will have to pay child support if she is awarded 50% or greater custody of the child.

By 50% or greater is if the child lives with her as the primary parent. You can get 50/50% rights but if the child lives with her 4 or days of the week with her you're paying.

Also in the state of Massachusetts they can take anywhere between 10% to 30% of your income to support the child. It doesn't matter how much more then you she makes as they said it is your child and you have to support it.

Factor in any cost of living situations too, day care, private school, health insurance, etc, because if you don't account for these at the beginning of the ordeal you'll find yourself like my friend fighting it out in court four years down the road.

He was in the right, she graduated from college and started working as a RN making up to 60K a year while he only made 40K but she still expected him to pay the majority of the day care which was, if I remember, 5/6K a year. So he took her ass to court and of course she had no proof of anything and after her wages were looked at his dropped his monthly payments from $75 to about $45. He said it wasn't a pretty fight and him and his lawyer literally had to jump through rings of fire to get the judge to listen.

It seems in these cases judges usually favor the mother so get yourself a damn good lawyer if you need to go that route.

And if you do, get ready to pay until the kid is 18, or 22 if he attends college.

[Again this is based on my friend's run in with the courts of the state of Massachusetts.]

c5 rv
03-08-07, 08:47 PM
I am not a lawyer nor do I play one on TV. But, I work with child support professionals daily. I also paid child support directly to my ex-spouse for many years.

Sit down with a family law lawyer and run your family numbers through your state's child support guideline spreadsheet. This should give you an idea. Each state is different, but in Michigan, both incomes are considered in determining how much total support from both parties is needed for the children and how much should come from each.

A friend of mine was one of the developers of the original child support guideline software in Michigan and he said a copy should be given to every newly-married couple so they could calculate how expensive divorce with children is for the non-custodial parent and how little money the custodial parent has to live on.

Child support is expensive and the bureacracy can be daunting. As difficult as it can be to work out some kind of understanding with your spouse, it will get a lot more complicated, expensive, and frustrating when the government gets involved. If I had it to do all over again and knowing what my kids went through, I'd have stayed married until the kids were all over 18 and then divorced.

Slywun
03-08-07, 09:29 PM
It will go something like this:
Her 120K + your 60K will = 180K.
Total child support will be based on the total 180k and broken down into a monthly rate. You will be accountable for 33% of that. I.E. if support is $1500 a month, your amount will be $500.

Jesda
03-08-07, 10:42 PM
Divorce over a disagreement in moving... ROFL. People aren't that committed anymore.

nickc50310
03-08-07, 10:43 PM
The money DOES NOT go to the kid. I never saw one red cent of the child support that was paid to my mother. This very topic was the source for alot of the SHIT i had to deal with as a kid. My mom was never satisfied and always wanted to take my dad to court so he had to pay more. Nice eh?? She was and still is VERY greedy and never really cared how much grief it caused me.

YOu will have to pay, no matter what. My dad made WAY more than my mom, but when she moved to New York and left me behind my dad took her ass right to court so she had to pay up. Obviously he didnt need the money but revenge is sweet!

PS- Tell your wife to holler at me. Ill move to Cali if the price is right! I had something else to say but I dont know you really and it may have been inappropriate! LOL!!

Kev
03-08-07, 11:07 PM
The money goes to your kid and not your wife. Real men step up to the plate and support their kids whether they're married or not. Any man that would stiff his own kid on child support is a no good son-of-a-bitch. You can come up with a hundred reasons why you shouldn't have to give your ex money but there is no reason good enough to stiff your kid. They didn't ask to be the victim of your bad choices. Anybody that would try to get their licks in at an ex through their kids is beneath contempt. The excuses about visitation don't fly. It's a completely different issue and needs to be settled in family court, not by making the kid suffer.I second that! Guys who don't support thier kids are less than men in my estimation.

Kev
03-08-07, 11:17 PM
mnext02, your reasoning sounds shallow and foolish to me, just my opinion.

Couple of stupid questions for you which are;
a. none of my business.
b. none that you have to answer.

1. What were you thinking when you decided to get married?

2. Why did you two procreate?

OffThaHorseCEO
03-08-07, 11:19 PM
I second that! Guys who don't support thier kids are less than men in my estimation.

agreed, but this guy doesnt seem like hes tryin to get out of it, he just wants an estimate so he knows what he wants to pay

whats that line again?

its cheaper to keep her...

hehehe so tru

Kev
03-08-07, 11:41 PM
agreed, but this guy doesnt seem like hes tryin to get out of it, he just wants an estimate so he knows what he wants to pay

whats that line again?

its cheaper to keep her...

hehehe so truHis first response was;


if she makes that much, i shouldnt have to pay anything. its just 1 kid.I'm hoping (for his kid's sake) that this guy is just having an off day and this thread was just a bone-head mistake on his part. I sure hope he doesn't think like this all the time, if so then this;

....have a good job that i am overpaid at.....is a gross understatement....

nyyankeehater
03-09-07, 12:16 AM
wife makes 120k and I make 60k?

Yup. and in MA they cut your balls off, set your wallet on fire while serving champagne and giving a pedicure to the ex.

malcolm
03-09-07, 10:19 AM
OJ and Scot Peterson solved their child support problems.

mnext02
03-09-07, 10:41 AM
of course I would support my child. I am just trying to get an estimate on what it would cost. I just think that if she makes $60k more than me a year, probably $90k more than me, if she got a job in Cali. I think that should be taken in to consideration. If one parent makes $90k more than the other per year, the other parent should not have to pay as much as if they both made the same amount, in my opinion.

malcolm
03-09-07, 10:44 AM
Wives are like tornados, they suck and blow when they come and take the house when they're done.

EcSTSatic
03-09-07, 12:06 PM
of course I would support my child. I am just trying to get an estimate on what it would cost. I just think that if she makes $60k more than me a year, probably $90k more than me, if she got a job in Cali. I think that should be taken in to consideration. If one parent makes $90k more than the other per year, the other parent should not have to pay as much as if they both made the same amount, in my opinion.

I think you are getting the responses based on your thread heading "Would I have to pay child support after divorce if.." and this comment:


if she makes that much, i shouldnt have to pay anything. its just 1 kid.

If you did intend to help support your child, you might consider how your words will be interpreted. Not knowing your character, people will take your words at face value. So you got a little of both replies

JimHare
03-09-07, 01:32 PM
The overriding factor here are the laws in YOUR state - since they all vary somewhat. The other factor is that the calculation is, so far as I know, fairly cut and dried according to the state guidelines that are in place. They have a formula to follow, and that's it. Don't matter who's fault, who's goin' where, who started it, or anything like that.

Custodial Parent - gets child support.
Non-Custodial - Pays child support.

Every time I think about my situation, I get a bit peeved but then I look at the other side of the coin, and think "Do I want to shaft my 12 year old over this?"

When my ex- and I split in January of 2001, I was unemployed. She kept the house. I voluntarily paid her some money each week, based on the difference between my income before I was RIF'd, and hers. When I started working again in April of '01, they looked at my income, her income, (they were closer then, as I took a 9K pay cut), her custodial percentage, and so forth. Since before we split we had a combined family income of around 150K, that's what they base things on.

I'm paying $135.00 per week. She has 95% custody - I get my son every other weekend.

Trouble was, this $135 per week kept on while I was unemployed again from 4/02 through 10/02, then when I started work at a $20K pay cut again. This was where I probably should have gone to a lawyer and said, 'Hey, shouldn't we re-calculate this? She's making 65K and I'm down to 45K..." but I just never did. I kept thinking of my son when I got that way...so I let it slide.

Then since I semi-retired in July of 2005 (no W2 income at all), the $135 per week burrowed through my savings pretty quickly. But since I voluntarily left my job, there was little I could do. The judge won't care if you quit on your own...

Now I'm back at a 9-5, at a good salary (well, comparably...finally making what I did in 1997..)

If we recalculated, I'd probably still be right around the same number.....

Destroyer
03-09-07, 01:49 PM
Not for nothing buy I'd take Cali over Minnesota any day of the week.

keeksv
03-09-07, 02:01 PM
It will go something like this:
Her 120K + your 60K will = 180K.
Total child support will be based on the total 180k and broken down into a monthly rate. You will be accountable for 33% of that. I.E. if support is $1500 a month, your amount will be $500.

In my house, it would go:
Her 120K = she decides where we live.
My 60K = I listen to where we are moving:thumbsup:

derrty_deville
03-09-07, 02:03 PM
Yes, regardless of salary you do pay. When my mother started paying she was claimed self employed at minimum wage and was supposed to pay but the wonderful state of MN will do nothing about the back child support until the amount reaches $5,000 which at $225 per month(2 kids) takes a while. My father made $45kish pays in the area of 3x that so in your situation yes you will pay child support based on your income.
But... I'm not so sure your wife would be able to move out of state with the child if you are divorced. Im not 100% on this but I believe its right.
Its been a couple years since I've gone over the support issue because the focus of the $70k(and counting) for my family is custody.

My only solid advice is if shit hits the fan, dont skimp on your legal backing at all.

derrty_deville
03-09-07, 02:09 PM
Not for nothing buy I'd take Cali over Minnesota any day of the week.
Thats low. But have fun this hurricane season:highfive: . I sure as hell dont miss 110 degrees and 100% humidity for 3 months a year.

Whats so wrong with Minnesota? More snow, cheaper gas, and fewer drunk driving celebritys. :thumbsup:

dkozloski
03-09-07, 05:34 PM
Thats low. But have fun this hurricane season:highfive: . I sure as hell dont miss 110 degrees and 100% humidity for 3 months a year.

Whats so wrong with Minnesota? More snow, cheaper gas, and fewer drunk driving celebritys. :thumbsup:
California, the air conditioned state. A blower on every street corner.

railven
03-09-07, 06:05 PM
Yes, regardless of salary you do pay. When my mother started paying she was claimed self employed at minimum wage and was supposed to pay but the wonderful state of MN will do nothing about the back child support until the amount reaches $5,000 which at $225 per month(2 kids) takes a while. My father made $45kish pays in the area of 3x that so in your situation yes you will pay child support based on your income.
But... I'm not so sure your wife would be able to move out of state with the child if you are divorced. Im not 100% on this but I believe its right.
Its been a couple years since I've gone over the support issue because the focus of the $70k(and counting) for my family is custody.

My only solid advice is if shit hits the fan, dont skimp on your legal backing at all.

She can live the state, hell the country, depending on the settlement agreements.

Make sure you see a lawyer when it gets to that stage. Because if you don't do it right you can give up a lot of parent-child rights and give her the right to relocate without consent.

My friend's ex wanted to move to Florida but because when they split they were still sort of on friendly terms they both agreed they can't relocate without consulting each other and the child. So she can't leave the state with the kid without his consent and neither can he. This makes for a lot of headache when he wants to take his daughter on vacation but its safer in the long run. He couldn't take his daughter to Floriday last time he went because his ex didn't approve.

Slywun
03-09-07, 08:21 PM
In my house, it would go:
Her 120K = she decides where we live.
My 60K = I listen to where we are moving:thumbsup:

:histeric: Indeed....same here

Destroyer
03-09-07, 08:29 PM
Thats low. But have fun this hurricane season:highfive: . I sure as hell dont miss 110 degrees and 100% humidity for 3 months a year.

Whats so wrong with Minnesota? More snow, cheaper gas, and fewer drunk driving celebritys. :thumbsup:
Snow isnt a selling point for me and I cant remember the last time we hit 100 degrees in Florida let alone 110. It is hot as hell in the summer though and its not the most pleasant time of year, I'll give you that. The hurricanes are definately a concern though. Not saying there is any necessarily wrong with Minnesota just that I'd rather be looking California than feeling Minnesota. I've never been to MN but I'm not a fan of cold weather which is why I moved to FL many years ago. I have been to California and have to say if I could have a home there like the one I have here in FL for the same money I would go there in a heartbeat. Didn't mean to offend you, I'm sure its a nice place.

derrty_deville
03-09-07, 08:43 PM
Lol. I wasnt offended in any way. Just defending a not so bad place. It doesnt suck here after the snow melts. IIRC 85+ and high humidity sucked worse than 100.