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  1. #1
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    Jun 2008
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    Default Child Support and My Attorney Messed Up the Original Calculations

    My question involves child support in the State of: Florida.

    My ex-husband and I are in the middle of a custody modification case. Recently, i was found out that the original calculations for the child support were done wrong....according to him and his attorney. When we divorced, he did not have an attorney (i did), and when my attorney sent the financial papers to him, he put down his gross income instead of his net. He is self employed and did not take any deductions. Also, since I am a stay at home mom (still am) I put down my income was zero..which it is..his attorney is saying I should have been assigned a wage and therefore the calculations are wrong, by a lot. This was not my fault and my attorney should have known this. Also, child support did not say anything about the paperwork, so why would they change the order now three years later. He is saying he will get a credit since it was factored on gross income, not net income. I recieve 900 a month now...but when they factor the net income and assign me a wage, it goes down to about 400 a month. Is this true? And why will I pay for someone elses mistake? I don't understand why they would give me a wage when I don't work. I have been a stay at home mom since my daughter was born, and stayed that way since I divorced him. I plan to go back to work in two years when our daughter is 6 and in kindergarden. When we were married, that was our aggreement.

  2. #2
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    Jul 2006
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    TN
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    658

    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    Quote Quoting mhatter
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    My question involves child support in the State of: Florida.

    My ex-husband and I are in the middle of a custody modification case. Recently, i was found out that the original calculations for the child support were done wrong....according to him and his attorney. When we divorced, he did not have an attorney (i did), and when my attorney sent the financial papers to him, he put down his gross income instead of his net. He is self employed and did not take any deductions. Also, since I am a stay at home mom (still am) I put down my income was zero..which it is..his attorney is saying I should have been assigned a wage and therefore the calculations are wrong, by a lot. This was not my fault and my attorney should have known this. Also, child support did not say anything about the paperwork, so why would they change the order now three years later. He is saying he will get a credit since it was factored on gross income, not net income. I recieve 900 a month now...but when they factor the net income and assign me a wage, it goes down to about 400 a month. Is this true? And why will I pay for someone elses mistake? I don't understand why they would give me a wage when I don't work. I have been a stay at home mom since my daughter was born, and stayed that way since I divorced him. I plan to go back to work in two years when our daughter is 6 and in kindergarden. When we were married, that was our aggreement.
    We don't know all of the factors in the case so we can't tell you what it will go down to but he can and should have an income imputed for you. It is both of you all's responsibility to financially contribute to the care of your child. I doubt that it will any credit he receives will be retroactive, however, he may get credits for his expenses while self employed.

    You should be imputed a wage because you can and should work to care for your child. He shouldn't be the only one financially providing for a child that the two of you created together. Time to get a job.

  3. #3
    Join Date
    Jun 2008
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    26

    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    No, because when our daughter was born we aggreed I would be a stay at home until she went to school. That is why my child support and alimony are so high, so I can stay home with her. When the divorce was final I was still not working, and was not ordered to get a job,

  4. #4
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    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    Quote Quoting mhatter
    View Post
    My question involves child support in the State of: Florida.

    My ex-husband and I are in the middle of a custody modification case. Recently, i was found out that the original calculations for the child support were done wrong....according to him and his attorney. When we divorced, he did not have an attorney (i did), and when my attorney sent the financial papers to him, he put down his gross income instead of his net. He is self employed and did not take any deductions. Also, since I am a stay at home mom (still am) I put down my income was zero..which it is..his attorney is saying I should have been assigned a wage and therefore the calculations are wrong, by a lot. This was not my fault and my attorney should have known this. Also, child support did not say anything about the paperwork, so why would they change the order now three years later. He is saying he will get a credit since it was factored on gross income, not net income. I recieve 900 a month now...but when they factor the net income and assign me a wage, it goes down to about 400 a month. Is this true? And why will I pay for someone elses mistake? I don't understand why they would give me a wage when I don't work. I have been a stay at home mom since my daughter was born, and stayed that way since I divorced him. I plan to go back to work in two years when our daughter is 6 and in kindergarden. When we were married, that was our aggreement.
    Even though the original calculations were incorrect, any new amount will be retro back to the filing date only. So you shouldn't have to worry about that part.

    However, FL law requires that an income be imputed to any parent who is voluntarily unemployed, or under employed. It's unfortunate for you that the mistake originally made will cause a decrease in support, but the decrease won't go all the way back, it will be for currect support only. You will need to refigure your budget for the smaller amount. It sounds like you might need to go ahead and find a job now.

  5. #5

    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    Quote Quoting mhatter
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    No, because when our daughter was born we aggreed I would be a stay at home until she went to school. That is why my child support and alimony are so high, so I can stay home with her. When the divorce was final I was still not working, and was not ordered to get a job,

    When your child support is calculated using an imputed income, don't confuse that with "being ordered to get a job".

    You have a legal responsibility to financially support your own children and they will impute your portion, I'm assuming, at minimum wage. There is always a chance your imputed income could be based on earning capacity as well, so keep that in mind also. That would depend on your past work history.

    Your "agreement" you had about not working and being a stay-at-home-mom has no bearing on your portion of a support obligation. Your agreement to be husband-and-wife 'til death-do-you-part is void, so the rest of your marital agreements should be out the window as well.

    Consider this scenario: You and your husband are still together. Your arrangement is that he will be a professional bum for the rest of his life, while you go out and work your tail off. Later you split up and you take him to court for support. Would you really expect him to use the same argument and ask that his support should be based on "zero" due to your previous marital arrangement?

    (I'm not calling you a bum, I just wanted to make a point.)

    Anyway, a judge will not order you to get a job. That will be up to you based on your own goals and standard of living. On the plus side, you can have an order in place for him to pay his share of child care should you do decide to get a job.

    One last thing, child support is not meant to be a means to keep you living in the life to which you have become accustomed. That's what pre-nups and divorce settlements are for. Child support is for the child.

  6. #6
    Join Date
    Jun 2008
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    26

    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    But I have become accustomed to the 900 a month. And he has been paying it all this time, so why can't he still? He has said it has always caused a burden for him and only paid that amount b/c he was ordered to. He still has lots of extra money and just took our daughter to sea world, and does all sorts of nice stuff with her, so he does have the money. And he offers to pay for extra stuff all the time. He offers to pay for her to go to day care, but i think she needs to be home with me...he pays for her medical, dental, ect, and if the CS come late, he pays for food. So, he isn't broke, he just doesn't want to pay anymore. He keeps going on and on that it was calculated wrong and there was a mistake, but like I said, no one said anything about it in the past. And the CS and Alimony are because I was a stay at home mom.

  7. #7
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    TN
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    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    Quote Quoting mhatter
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    But I have become accustomed to the 900 a month. Then it might be time for you to get a job!And he has been paying it all this time, so why can't he still? Because it was calculated wrong. He has said it has always caused a burden for him and only paid that amount b/c he was ordered to. He still has lots of extra money and just took our daughter to sea world, and does all sorts of nice stuff with her, so he does have the money. You might have extra money too if you had a job.And he offers to pay for extra stuff all the time. He doesn't have to do that and can stop if he so chooses.He offers to pay for her to go to day care, but i think she needs to be home with me...he pays for her medical, dental, ect, and if the CS come late, he pays for food. Then what in the world are you complaining about???So, he isn't broke, he just doesn't want to pay anymore. I don't blame him, you sound ungrateful.He keeps going on and on that it was calculated wrong and there was a mistake, but like I said, no one said anything about it in the past. And the CS and Alimony are because I was a stay at home mom.
    Based on your other thread, I think your main concern here should be trying to keep custody of your child, not the support.

  8. #8
    Join Date
    Jun 2008
    Location
    NY
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    13

    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    mhatter you need to grow up and get a job. I wish my ex husband would keep a job and pay support for our child like your's is doing. You should be grateful that he does help you. He also offered to pay for day care for her. Why don't you work and have him pay for the daycare. I can promise you that your income would be over 900 a month between a job and support then you can keep the life you are accustomed to. I don't mean to offend you but you sound a little on the greedy/lazy side and for your childs sake you need to get your life together.

  9. #9
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    Jun 2008
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    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    Quote Quoting Neal1421
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    Based on your other thread, I think your main concern here should be trying to keep custody of your child, not the support.
    My attorney has assured me that the burden of proof is on him and that there is no way he is going to win. Even the child support thing, he has to prove that. His whole case is based on "he said she said", so I am really not worried about a thing. Even the psych evel..my attorney has said we will tell the judge it isn't needed and he won't order it.

  10. #10
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    TN
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    Default Re: Child Support and My Attorney Messed Up the Original Calculations

    Quote Quoting mhatter
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    My attorney has assured me that the burden of proof is on him and that there is no way he is going to win. Even the child support thing, he has to prove that. His whole case is based on "he said she said", so I am really not worried about a thing. Even the psych evel..my attorney has said we will tell the judge it isn't needed and he won't order it.
    Your attorney...the same one that calculated everything incorrectly? Right...Good luck with that.

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