Elease said:
I think you all have confused the law with emotion. I did not blast the OP. You have not seen blasting if you think that was blasting! Still no one has commented on the OP feeling he should not have to pay so much because the childs stepparent family is well off.
In answer to the CS guidelines, income of both parents, of GA and IL, please refer to:
Georgia Code Ann. 19-6-5
750 I.L. C.S. 5/505 et seq.
These codes also respond to imputed income for unemployed NCP's and also addresses the issues of exactly what is considered "income".
The poster was speaking in regard to the state of Florida. My responses to the OP have addressed the CS laws of the state of Florida. For each client my company gives assistance to, we research carefully the laws of their state. Of course there is a Federal Child Support guideline in which each state is required to follow.
Those of you who live to make personal attacks on this board are offering nothing to the general public who are interested in gaining insight into their personal problems. None of your emotional boo ha has provided intelligent information.
Thank you for the statistics. I am impressed with your ability to search the Internet.
Thank you for the statistics. I am impressed with your ability to search the Internet. However, when you have walked a mile in my shoes, have seen CP who cannot afford to buy shoes for their children, much less pay rent, medical, etc., then I would like to hear your viewpoints on deadbeat parents.
My comments have been nongender in reference to "deadbeats". I have dealt with both mothers and fathers in need of support for their minor children.
Statistically speaking, my company has been in business for 15 years. We have processed the documentation for over 900 divorces alone, in every state in the country, successfully. We have received awards from our local courts for the excellent services we provide our home community. I am very proud of our ability to offer affordable assistance in legal document preparation to those who cannot pay high attorney fees. In conclusion, if you do not agree with my opinions on this board, that is your choice and because of the laws of this great country, it is your right. But rest assured, it doesn't make or break my day.
**** Elease, let me give you a little education in Georgia law, OK? My case is in Georgia, and I pay CS based on the Georgia guidelines. I can quote you word for word any section of Title 19. The section you refer to, 19-6-5 is Georgia's ALIMONY statute. I'm assuming you meant 19-6-15 which is Georgia's CS guideline statute. I'm also guessing that you're referring to the 18 or so "special circumstances" that a Georgia judge "may" take into consideration when calculating child support. (I'm also assuming that as a paralegal, you understand the difference between the words "may" and "shall" in statutory language.) A CP's income is NOT taken into consideration in Georgia. Period. It's based on a percentage of the obligors gross income. That's it. And please, show me in the following statutes where it says that the obligees income is taken into consideration.
"(1) Computation of child support shall be based upon gross income;
(2) For the purpose of determining the obligor´s child support obligation, gross income shall include 100 percent of wage and salary income and other compensation for personal services, interest, dividends, net rental income, self-employment income, and all other income, except need-based public assistance;
(3) The earning capacity of an asset of a party available for child support may be used in determining gross income. The reasonable earning potential of an asset may be determined by multiplying its equity by a reasonable rate of interest. The amount generated by that calculation should be added to the obligor´s gross monthly income;
(4) Allowable expenses deducted to calculate self-employment income that personally benefit the obligor, or economic in-kind benefits received by an employed obligor, may be included in calculating the obligor´s gross monthly income; and" then it goes on to list the percentages.
Also, the earning capacity of an obligors ASSET may be taken into consideration. Such as rental income, etc. And, if you'll notice #2, the last sentance... "Except need-based public assistance" which is TANF etc. is specifically excluded.
You didn't base your responses to the OP based on Florida laws, you made responses based on your bias against NCP's in general. Did you mention anything at all about HOW, according to Florida law, he would go about seeking a modification based on a change of circumstances because of the lack of pre-school expenses? No, you did not. Your first sentance of your reply was, and I quote, "Let me get this straight you want to go from paying $62.50 a week to "help" support your child to paying $37.50 a week because the step father & family is well off." Not blasting the poster? Think again.
Your comments on this thread has offered the poster not one iota of an idea of what to do. All you've done is state how sorry NCP's are, blah blah blah. Accusing the man of wanting to reduce his CS because his ex's husband is well of. NO, he wants to reduce it because an expense that was calculated into the original amount is NO LONGER THERE, and should NO LONGER be used in any calculations. Why can't you get that through your thick skull?
As for this comment, "However, when you have walked a mile in my shoes, have seen CP who cannot afford to buy shoes for their children, much less pay rent, medical, etc., then I would like to hear your viewpoints on deadbeat parents.".... when you have walked a mile in MY shoes, and see your SO with a child support amount set so high he has $50 a week left out of his paycheck for working 40 a week to live on, then YOU can talk to me about deadbeat parents. When you have walked a mile in my shoes and have seen a CP whine that $838 a month in CS isn't enough to buy clothes for the kids, yet goes out an purchases a new vehicle every year, a new computer, purchases things online every week that comes around, and takes their children's birthday money sent to them in birthday cards to spend on themselves, THEN you can give me your opinion on deadbeat CP's. Until that time though, you can give posters advice on the questions they asked and keep your personal biases out of your responses. They could care less about your experiences. They want to know what to do in THEIR situations.