What is the name of your state? Co
In August 07 I filed a motion with the court to modify child support because our daughter entered school and to attend full day kindergarten there is a tution of $80 a week. On top of that she now requires child care costs that previously she did not because she was awarded a scholarship at her preschool. I work part time for several reasons 1 I can't afford full time child care. 2 I want to be in my childrens lives I prefer that they are raised by me instead of some child care facility. I want them to be able to do sports and extra currcular activites when school is out vs being in a child care setting. 3 I make enough money that I am able to do this and still provide my children a good lifestyle.
Our custody agreement regarding child support states that should child care become necessary it would be in the form of child support and dad would need to reimburse me for what I pay. He has been somewhat helping with our daughters tution... He has not reimbursed me for the full amount which he should, but it's pretty close. I think he leaves off 50-a couple hundred just to irritate me. He has not reimbursed me for anything regarding child care even though I have given him canceled check copies etc. I guess he thinks the magistrate is not going to award work related child care.
We had a status confrence and the magistrate asked why I am only working part time and basically told my ex that it may be possible to impute full time wages for me. The difference in basical child support would be that he pays $45 a month less, after the increase for our increased changes in income than if my actual income was used. He took a recess and asked us to talk about it to see if we could come to an agreement on it. Well my ex was just a kid in a candy shop when he found out about imputing income. Like it was the best thing he'd ever heard. He refuses to recognize the benefits of my being able to work part time. I am not under employed to avoid supporting my kids which is my understanding for why imcome would be imputed. He makes plenty more money than I do and $45 a month is no big deal but we're talking about increasing my income by about $1300 just to offset that $45.
My position is not currently open for fulltime. It's possible in the future it may become fulltime but my company can't at this time give me anything in writting for when that would be. Mostly I'd like this to not happen on pure principle. $45 a month is nothing I'd be fine with outit, it's not even 10% of our basic child support order, but what my ex doesn't understand is that with my working part time there are only part time work related child care costs and my children are with a parent vs a child care taker tha mjority of the time. If I were to be employed fulltime they would need to be in before school care as well as after school care and the cost would increase, thus increasing the amount in child support he'd be paying.
We weren't able to come to an agreement and the magistrate said that my reasons for being employed part time may be grounds to NOT impute the income. He set it for a hearing. My questions are these: Is it possible that the magistrate will not impute my income as full time given that I am working part time to be involved with my children more, the cost of childcare outweigh my working fulltime for both dad and I? If the judge does decide that my income should be imputed as fulltime is it reasonable to ask that full time child care be entered into the support order as well given that to meet my imputed income I will need to work fulltime hours requiring child care for them? And, what happends at a hearing for a child support modification? We have never actually been before the judge, always gone through mediation and I do not know what to expect. Neither of us has an attorney. Would you think I need one, or is a child support modification easy enough for someone with a general knowledge of how it works to accomplish? Thanks for your time.
In August 07 I filed a motion with the court to modify child support because our daughter entered school and to attend full day kindergarten there is a tution of $80 a week. On top of that she now requires child care costs that previously she did not because she was awarded a scholarship at her preschool. I work part time for several reasons 1 I can't afford full time child care. 2 I want to be in my childrens lives I prefer that they are raised by me instead of some child care facility. I want them to be able to do sports and extra currcular activites when school is out vs being in a child care setting. 3 I make enough money that I am able to do this and still provide my children a good lifestyle.
Our custody agreement regarding child support states that should child care become necessary it would be in the form of child support and dad would need to reimburse me for what I pay. He has been somewhat helping with our daughters tution... He has not reimbursed me for the full amount which he should, but it's pretty close. I think he leaves off 50-a couple hundred just to irritate me. He has not reimbursed me for anything regarding child care even though I have given him canceled check copies etc. I guess he thinks the magistrate is not going to award work related child care.
We had a status confrence and the magistrate asked why I am only working part time and basically told my ex that it may be possible to impute full time wages for me. The difference in basical child support would be that he pays $45 a month less, after the increase for our increased changes in income than if my actual income was used. He took a recess and asked us to talk about it to see if we could come to an agreement on it. Well my ex was just a kid in a candy shop when he found out about imputing income. Like it was the best thing he'd ever heard. He refuses to recognize the benefits of my being able to work part time. I am not under employed to avoid supporting my kids which is my understanding for why imcome would be imputed. He makes plenty more money than I do and $45 a month is no big deal but we're talking about increasing my income by about $1300 just to offset that $45.
My position is not currently open for fulltime. It's possible in the future it may become fulltime but my company can't at this time give me anything in writting for when that would be. Mostly I'd like this to not happen on pure principle. $45 a month is nothing I'd be fine with outit, it's not even 10% of our basic child support order, but what my ex doesn't understand is that with my working part time there are only part time work related child care costs and my children are with a parent vs a child care taker tha mjority of the time. If I were to be employed fulltime they would need to be in before school care as well as after school care and the cost would increase, thus increasing the amount in child support he'd be paying.
We weren't able to come to an agreement and the magistrate said that my reasons for being employed part time may be grounds to NOT impute the income. He set it for a hearing. My questions are these: Is it possible that the magistrate will not impute my income as full time given that I am working part time to be involved with my children more, the cost of childcare outweigh my working fulltime for both dad and I? If the judge does decide that my income should be imputed as fulltime is it reasonable to ask that full time child care be entered into the support order as well given that to meet my imputed income I will need to work fulltime hours requiring child care for them? And, what happends at a hearing for a child support modification? We have never actually been before the judge, always gone through mediation and I do not know what to expect. Neither of us has an attorney. Would you think I need one, or is a child support modification easy enough for someone with a general knowledge of how it works to accomplish? Thanks for your time.
