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  1. #1
    Join Date
    Sep 2011
    Posts
    4

    Default Why Minimum Wage

    My question involves child support in the State of: NC

    I just got my ruling, but I have a couple questions that are bothering me.

    1.) Why does the state not consider anything but my gross income and her gross income? Why not look at the expenses paid each month to see whats fair?
    2.) If shes remarried, why dont they why doesn't their combined income count. To say shes not working, then assign her the minimum wage is completely ridiculous to me. On paper it looks like she is living in a cardboard box.
    3.) Is it worth it to bring her to court to have her actually testify about her training and ability to work?
    4.) Why does the court see it that 3 years is acceptable amount of time for her to be out of work raising a child and almost all jobs give you a couple months?

    To say that the system is set up in her favor is a complete understatement. These laws seem so dated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Why Minimum Wage

    2.) If shes remarried, why dont they why doesn't their combined income count.
    Because her new spouse is not responsible for supporting YOUR child. That's all on you and on her.

    To say that the system is set up in her favor is a complete understatement.
    It's actually set up in the CHILD'S favor. The courts don't care what the grown-ups want. The court is looking out for the best interests of the child, which are often at odds with what the bickering parents desire.

  3. #3
    Join Date
    Sep 2011
    Posts
    4

    Default Re: Why Minimum Wage

    Thats crazy because the IRS thinks differently when it comes to income. Does that mean I can claim 1/2 of a dependent on my taxes?

    Its not set up in the childs favor, obviously in the courts eyes more money=better parenting. They only look at a few factors when making their determination.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Why Minimum Wage

    Quote Quoting RandallM
    View Post
    Why not look at the expenses paid each month to see whats fair?
    Because, quite obviously, the state is not going to pay thousands of dollars per account per year to audit child support expenditures and has no interest in having quarrelsome NCP's quibble over every expense.
    Quote Quoting RandallM
    Is it worth it to bring her to court to have her actually testify about her training and ability to work?
    If you and your lawyer believe that the court will impute a significant income, such that your support obligation will be materially reduced, then that's an option. Often the reduction due to the custodial parent's increased income will be a lot less than you anticipate.
    Quote Quoting RandallM
    Why does the court see it that 3 years is acceptable amount of time for her to be out of work raising a child and almost all jobs give you a couple months?
    Jobs give you a couple of months to raise a child? Do they give workers super growth pills for their children, that compress eighteen years down to a three month time period?

    Quote Quoting RandallM
    View Post
    Thats crazy because the IRS thinks differently when it comes to income. Does that mean I can claim 1/2 of a dependent on my taxes?
    If you did not resolve the issue of deductions in your divorce, you follow IRS rules as to who gets the deduction. You follow them either way, actually, filing Form 8832 as necessary, but you have recourse through the divorce court if the divorce judgment isn't followed.
    Quote Quoting RandallM
    Its not set up in the childs favor, obviously in the courts eyes more money=better parenting. They only look at a few factors when making their determination.
    You want them to dip into a new spouse's wallet instead of yours? It's not the new spouse's child. You need to support your own child.

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