General Kansas Child Support Discussions > General Discussions
Is this correct???
Deemer:
I will try and keep this short, but I need some advise in whether or not I need to consult an attorney. My current salary is $80000. My ex has full legal custody over our 4 children in which I did not contest during our divorce last december. I did not contest because I had no money to hire an attorney. Her father is the one who gave her the money for hers. Anyway, I know I will need one to regain joint status. My question is that after taxes and health insurance, I make about $1250 a week. No extra things with-held pre-tax. I am ordered to pay $2563/month for support and $1083 in Allimony for a total of $3646/month. Or $911.50/week. This leaves me $338.50/week to live on. She hasn't worked in 13 years and has no income. I see my kids one night a week and every other weekend. I am really having a hard time with getting by. I make 80K and cant afford to live on my own, pay bills, or provide an envoronment for my kids when they are with me that is enjoyable. I understand the ex needs money for our kids, but something just doesn't seem right. She doesn't work, but gets $43752/year to my $17602. Please advise.
Guru:
Deemer,
If you can use the child support worksheet found here: http://kschildsupportforum.com/kansas-child-support-calculators-and-forms/kansas-2012-child-support-calculator-free!/ fill this out the best you can, and message me. I'll give you the email address you can send it to. I'll check it over for any errors. As far as the alimony goes, I'm not sure, but as far as child support is concerned there is a federal law which mandates the maximum amount that can be taken. Read this statute: http://kansasstatutes.lesterama.org/Chapter_60/Article_23/#60-2310 about KS, then here is info about the federal max: http://www.acf.hhs.gov/programs/cse/pol/IM/2001/im-01-06a.htm
Send your sheet with all your children's ages and we'll take a look.
Guru:
Deemer,
Based on your take home income of 1250/wk, you have a monthly income of 5416. By federal law, they cannot order you to pay more than 60% of what you bring home, so 3250/mo is the maximum they could order you to pay. If you are remarried and have another family, they can only order 50% (~$2700). Child support and alimony are tailored to basically award very near these percentages, so the fact that your order is over that amount means there's probably an error. The reason there is an error is most likely because you were pro se and they all took great advantage of you like they do most dads.
If I simply assume you have 4 17yr olds, the child support amount I calculate is about $2000 + insurance costs. You should verify on your child support order that questions C.3 and C.4 have been used. These subtract alimony from your income, and add it to hers. If this adjustment is not made, the child support order will be too high.
Deemer:
By take home, I mean NET. After taxes and health insurance. My gross is right around $1596/week or $6384/month. Went to court today because I was unemployed for 2 1/2 months and they upped my monthly payment to $4750/month. So, every week, she gets $1187.50 and I get $112.50. I cant even support myself on $112 a week. I am beyond frustrated.
Guru:
That's just not right. When they figure up your "disposable earnings" don't be surprised if they don't subtract health insurance although everyone HAS to have health insurance. Actually, thanks to Obama, that is now law I believe, so since, it is, maybe your disposable should subtract health insurance too.
These people have really taken you to the cleaners. This is why men are so frustrated with the system because everyone just sees $$$ and don't really care about the fact that dad can now no longer afford to eat let alone live in a home where he might hope to care for his children in. If all these facts are true, this is an interesting case and many here can benefit by knowing how this all turns out. The amounts that have been ordered are against federal law and the judge, court trustee, DCF, and the judge all know this is wrong too, yet they just let it happen. You won't have much left over, but you should at least have 40% of the 1250/wk, which is $500/wk.
A bit of advice - when you take this issue back to the court, make SURE they make it retroactive back to the date of the original order where they screwed up. Then they will give you all that money back (actually just take less from you monthly for a while). When you make more money, they're going to stick it to you. When they screw up, you better be sure and stick it to them.
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