child support formula?

[wildthing]

What is the name of your state? Indiana

Does anyone know the formula that Indiana uses to determine child support?

Does it vary from county to county?

Does a judge have to use this formula or can he order whatever he feels is fair?

My current wife took her ex back to court 6 months ago for a review of support on their 2 sons (ages 10 & 12). He makes $18/hr and she makes $10/hr. The Marshall County judge raised his support from $30 per week per child to $50 per week per child.

My ex took me back to court last week for a review of support on our 15 year old daughter. I make $15/hr. and she makes $12/hr. The Pulaski County judge raised my support from $80 a week to $125 a week.

 

[haiku]

here is a place to start

www.supportguidelines.com

click links for indiana

 

[VG1013]

There are many factor's used when formulating CS payments. Here are just a few. Time spent with the child/children, the net incomes of both parents. Since the CP who has physical custody spends more time with child, that parent is more likely to incur greater expense in raising the child. So that factor is considered also. The number of children is considered, and special circumstances like extraordinary medical expenses, special education needs, travel expenses incurred for child visitation. A judge can if he wants, order what he feels is fair also.

 

[nextwife]

So you make ( 66% of his income) less than wife's ex, are only paying support for ONE child, and in the same state as your wife's ex, and you were ordered to pay 25% MORE CS than he? I agree something sounds out of sync.

 

[ellencee]

From $30 a week to $50 a week is a 66% increase.
From $80 a week to $125 a week is a 56.25% increase.

Which situation are you complaining about?

EC

 

[wildthing]

I don't have a problem with the increase of my support. Since my divorce 5 years ago I have increased the amount I pay per week by $5 every year on my daughters birthday. So, when we went back to court last week I was paying $100 a week even though I was only ordered to pay $80.

What I don't understand is why he is ordered to pay soooo much less per child when he makes more $$$ than me?

 

[ellencee]

There are variables that you have not posted, such as additional children or additional support in the way of health insurance or the costs of visitation. The ages of the children also factor into the equation. You have three years left to pay, he has a minimum of 8 years left to pay.

It could have to do with standards of living, too; or it could have to do with what he made at the time of the initial order or what you made at the time of your initial order.

Just think, if you had received the same amount of an increase, 66%, you would be paying $132.80 per week.

I'm sure that if he knows your support only went up 56.25%, he's wondering why he is paying so much more than you are!

A little more math for consideration: based on a 40 hour week, he pays 13.88% of his gross income and you pay 20.8% of your income. By most standards, each of you pay too little in support unless there are other factors such as I mentioned above.

EC

 

[lsut1ger]

Based on a 40 hr work week, 52 weeks a year....

Dad #1 is paying 14% of his income for 2 children while Dad #2 is paying 20% of his income for 1 child.

so the percentage of increase makes a difference where?

Judges are allowed to deviate from the standards if they see fit....sounds like both are somewhere within the realm of what would be a "fair" deviation. And I agree...there may be NUMEROUS factors that we are unaware of that could have affected this seemily disproportionate outcome...

But to answer your question...No, CS guidelines aren't always "set in stone".

 

[nextwife]

So,wldthing, how do these compare:

a. visitation schedule/ time children are with OP
b. travel distance/expense
c. medical coverage expense
d. day care costs
e. extrordinary medical/therapy expenses?