Author Topic: current guidelines teach children to favor one parent  (Read 11239 times)

bob

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current guidelines teach children to favor one parent
« on: August 04, 2010, 12:23:30 AM »
I think the current kansas child support guidelines are actually setup for one parent to "win" in my opinion. One parent is supposed to "provide" for the child and the other simply does nothing???  Each parent actually does provide for the children, but the kids sure as heck don't know this.  They grow up thinking that Mom (or Dad) provided everything while they were growing up.  I think both parents should be given the chance to provide.

B
« Last Edit: March 13, 2012, 12:03:46 PM by Guru »

becca

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Re: current guidelines teach children to favor one parent
« Reply #1 on: August 17, 2010, 12:23:56 AM »
I agree with you bob.  I have friends at work who pay cs and are so frustrated that they cannot be as involved.  Maybe KS is different then OK but I think both parents should provide.
« Last Edit: March 13, 2012, 12:04:00 PM by Guru »

Guru

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Re: current guidelines teach children to favor one parent
« Reply #2 on: September 23, 2010, 09:11:14 PM »
Based on the KS guidelines research, somewhere between 25% and 33% is where KS says noncustodial (NCP'S) parents actually start contributing.  The current guidelines in KS, however, do not allow any credit until 35%.  Even then the credit is only 5% so don't hold your breath.  I think if the NCP is allowed more credit, they will spend more time with the kids.  Right now the NCP will find it very difficult to balance two families, financially.
« Last Edit: March 13, 2012, 12:04:23 PM by Guru »

Dadrites

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Re: current guidelines teach children to favor one parent
« Reply #3 on: April 15, 2011, 11:38:55 AM »
I have a 4 year old girl and I could neve tell her that her mother is to buy everything for her; clothing, toys, necessities, etc.  So I end up spending the money anyway.  The 20% parenting time adjustment is nonsense.  We spend the equal amount of money for our daughter and ex gets to collect money.  And she had not even provided a thing for our daughter for during my parenting times. 

I kept a log with our daughter's daycare to prove that she was not providing and our case manager agreed to make some adjustments in the child support obligation (~10-15%).  It is still a joke but better than nothing.  But since then I am back to court for a change fo custody for my ex neglecting our daughter's medication needs for her eyes.  The case manager found her 100% guilty but did not have the guts to change custody so I objecteted to his recommendation and hired an attorney.

Anyway, I am ready to do whatever it takes to change the guidelines. 
« Last Edit: March 13, 2012, 12:04:33 PM by Guru »

KS Step Mom

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Re: current guidelines teach children to favor one parent
« Reply #4 on: February 27, 2012, 12:54:09 AM »
Our kids (my husband's) ask us all the time why we don't take them shopping like mom does. "Mom bought me these $80 shoes" "Mom got me a new ipod" etc.... Now and then, I remind them that their dad paid for half of whatever they are bragging about... they know that mom gets child support so I just say "remember, dad sent that money to mom to help her buy that for you."

My husband's last paycheck was $339 while the garnishment that went to "mom" was $598.  I have been laid off for a year and just now got a job that pays once a month.... so we have to find a way to live on $339 for two weeks. My husband had to tell the ex that he can't come get the kids this coming weekend because we can't put gas in the car or buy groceries for the three extra kids. (we have two babies of our own)... so now we get to hear about what a loser he is that he doesn't care enough to come get the kids..
« Last Edit: March 13, 2012, 12:04:45 PM by Guru »

Guru

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Re: current guidelines teach children to favor one parent
« Reply #5 on: March 01, 2012, 09:42:58 PM »
Sounds like a typical "throw 'em under the bus" situation.  Slap 'em with a huge child support payment, then expect them to pay even more to spend time with the kids.  I think the main problem here is a lack of adjustment for such situations.  If awards were to the point that Mom said "hey, I have to actually dig into my pocket here," then the adjustment is getting close to correct.

Keeping to the topic, I definitely think both parents should be able provide for the kids.  It is psychologically damaging for one parent to buy all necessary items, and it's simply not reasonable.  Judges and attorneys fail to term this what it really is - "parental alienation."  It happens all the time, but few realize the impact for a while.  As the kids get older, they start to ask the questions your kids have started to ask.  It makes parents feel degraded, unworthy, unappreciated, and inferior.  And of course this is all beside the facts of the divorce, which may involve infidelity on the wife's part.  It is usually Dad who gets saddled with this large burden.  Hang in there, and hope changes are made.
« Last Edit: March 13, 2012, 12:04:55 PM by Guru »

KTM

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Re: current guidelines teach children to favor one parent
« Reply #6 on: March 12, 2012, 04:19:28 PM »
This issue is very complex as are most family law issues. So, all I can share is how Child Support has benefited my two (2) children?

The children of elementary school age were parties to the termination of an abusive marriage for which the repeatedly stated objective was to eliminate mom and hire a nanny to take her place.

There were prescription drug abuse and addiction issues on the part of the abuser which were given no consideration by the Court or the Custody evaluator because the drugs were obtained by at least one (many) Dr.'s prescription and purchased legally.

Both parents are college educated and each have earned benefits & salaries above $100,000.00 per year.

Child Support payments withdrawn directly from payroll and significant financial sacrifices allowed the mother to keep the marital residence without cohabitation or remarriage. BENEFIT #1 = The children were able to remain in the same home, school and neighborhood and remain there today, five years after separation. Stability. Were it not for the option, the mother would be only able to earn a wage allowing for a one bedroom apartment for her & the children and it is likely they would have become latch key kids on her parenting days.

Due to the death of their first child, the parents made a choice when attempting to conceive the children that one parent would stay home to raise them. Although Mom was earning more money than dad at the time of their second child's birth, Mom gave up a 10 year career to stay home because Dad's long term earning potential was higher and her job required travel out of town which Dad refused to help with infant child care while she was gone.

In the two years prior to separation Dad did not like the financial responsibility of being the sole provider for the family and instead of encouraging mom to find employment he began abusive behaviors in front of the children which excluded her from normal parenting declaring that the now school aged children did not need a mom because he could do it all and better than she did. Benefit #2 = The children have two parents who can both contribute to the process of their coming independence without either one being forced out completely.

Benefit #3 = The children are not penalized or put into potentially dangerous circumstances because the mother who had not worked for eight ( 8) years is forced to sacrifice what used to be their time and now must first be given to survival and an employer paying a much lower wage and less flexibility in work hours than she earned when she left the workforce. Child Support allows for options.

Benefit #4 = The children's after school care and summer supervision has been given by the parents or grandparents.

Benefit #5 = The children have had the opportunity to participate in activities that Dad was not willing to support or pay for like weekly music lessons, Cub Scouts, Summer Camps, Swim Team, Gifted Education opportunities which have been paid for directly through Child Support payments. In other words.... the same opportunities they would have had if the family had remained in tact with Dad as sole financial provider. they have also been able to do all the things that Dad wants to do with his earnings. Travel, Cruises, expensive electronic gadgets, Golf...etc.

I recognize that my children are financially blessed. The Child Support I receive also pays for their school registration & fees which are about $500 each per year. The lunch fees of $150 per month. Clothing I buy them from Target, JCP or the Goodwill stores. The Child Support allows me to help them and encourage them to do things they would like to do that Dad is not willing to support because they do not benefit him. Benefit #6 = The children also benefit emotionally from the decreased disparity in incomes between the two divorcing parents because without it they see the disparity in spending and feel guilty about needing & wanting things that one parent can no longer provide.

I have just tapped the surface here. But, I think the person paying support can choose either to resent the situation or look at it as a debt to be paid like any other financial commitment made. The creditor here is your children. The parent receiving support is simply the children's banker.

This is a process and it takes time to make decisions, sacrifices and adjustments in lifestyle. My hope is to minimize the sacrifices my children need to make because of my mistakes. My values, hopes and dreams  have not changed just because the man I chose to marry decided he no longer wanted me as his life partner. However, my sacrificial choices and current responsibilities to the children we worked to give birth to have changed my options.
« Last Edit: March 13, 2012, 12:05:07 PM by Guru »

bob

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Re: current guidelines teach children to favor one parent
« Reply #7 on: March 12, 2012, 06:04:28 PM »
There are some good comments here but the real point of my post was just to talk about the fact that I don't even get the opportunity to purchase things for my kids.  It has been determined before I even walk into court that I will pay and Mom will be purchasing everything.  What I'm saying is that I think it's wrong to not include Dad if he wants to be included.

KTM, I think your post is more about child support in general, and what I maybe should have wrote is that I really think paying parents should be given the opportunity to purchase things such as school lunches, clothing, electronics, toys, games, books, etc.. directly for the kids, not just pay the other parent so the other parent can buy.  Kids no nothing about child support, they just know who takes them to the store.  I think it's wrong that the way it is set up right now, one parent is handed the money to go buy everything even though the other parent files a motion to pay for these things directly.  Wouldn't you agree that sounds a little wrong?
« Last Edit: March 13, 2012, 12:05:17 PM by Guru »

KTM

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Re: current guidelines teach children to favor one parent
« Reply #8 on: March 12, 2012, 06:26:32 PM »
Bob,

it is in the best interest of the children for someone to be given legal responsibility to provide necessities. It is my observation that in the past each Court has had different interpretations as to what those obligations were. This may be why the 2012 rules are more specific.

I can not speak to what it would be like to be paying an amount in Child Support that would prevent someone from having enough money to buy things for their child. There is nothing to prevent you from buying whatever you would like for your child. The costs that are mandatory are things that would normally be invisible to the child as to who pays unless a parent has told them. School fees, bus fees, school lunches, healthcare costs.

I made the decision early in the process to give the children full ownership of everything that was for them. This prevented property disputes over toys, musical instruments, air hockey, ping pong, etc. So, whatever they get can go back & forth as they desire. Dad is a bit more restrictive because he does not want me to resale for money things they have grown out of or no longer use. I have resold and traded for used clothing in bigger sizes ever since the children were born.

As a support recipient, I have been required to provide clothing for Dad's home based upon a list he would request from me. I simply told the children I received money from dad to buy the clothing they would need while at his home. that is how things worked when we were married anyway. He never bought them clothing. he got tired of giving me a list of what he needed and did not like that I bought things at Goodwill stores. So, that changed when my daughter entered middle school. Now he takes her shopping whenever he wants, she gets designer clothing and expensive shoes. My son get stuff from Target and is happy. So, with the new guidelines I will take a 2% decrease in support at the next modification. That will amount to about $500 - $1,000 per year less in support. But, she will get nicer clothes than I can afford to buy her because he is spending 4x that much in designer clothing. I will keep shopping at Goodwill, Target & JCP.

Don't be disheartened. No Court will ever tell you not to be generous in providing for your child/ren.
« Last Edit: March 13, 2012, 12:05:34 PM by Guru »

Guru

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Re: current guidelines teach children to favor one parent
« Reply #9 on: March 13, 2012, 12:11:23 PM »
KTM, would you agree that it is a little unfair for Dad to be required to pay for 100% of these extracurricular activities on top of his normally ordered child support?  In fact, the new guidelines state that the monthly amount for these expenses shall be listed on line E.4.  The number is never multiplied by the income proportionate share %.  Thereby, Dad is stuck with the bill for 100% of any expenses that are considered "extraordinary" (whatever that means).

I agree with bob, though, that child support psychologically trains kids to favor one parent over the other.  The solution to this is to simply alternate who is in "charge" of the finances on an annual basis.  I don't see any problem with doing it this way if both parents are willing to take on the responsibility.  We were all taught as kids (I hope) to share things equally.  I see no harm in allowing Dad to take the kids shopping for school clothes one year, then Mom doing it next year.  Dad buys any needed school supplies one year, Mom buys them next year.  It's fair.

KTM

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Re: current guidelines teach children to favor one parent
« Reply #10 on: March 13, 2012, 11:25:58 PM »
I have not observed any situation which would lead me to believe that Child Support psychologically trains children to favor one parent over another. Nor have I seen any objective source material on that topic. So, I would have to say that more likely to be a perception vs. an established fact.

Although the new Child Support worksheet allows for extraordinary expenses to be considered going forward there is no way to know how the Courts will rule and decide on this subject. I suspect that the Courts will consider and include expenses that have been a part of the child/ren(s) life prior to Separation/Divorce, were already agreed to by the parties and are presumed to continue.

Income disparity, lifestyle related to income disparity and parenting time imbalance does in fact engender favoritism in the children. Isn't this where the term "Disneyland Dad" comes from? I have never heard mom's referred to as an ATM machine or a cash cow.

I am not an expert on the technicalities of where the expenditures will be placed on the CS spreadsheet, how the inclusion of the expenditures will effect the other line items on the worksheet or the proportionate share of the expenditure attributed to each party. However, the Courts do have full discretion on the matter and have many many years of expertise in the execution of Divorces in Kansas. So, I expect they will rule fairly and consistently. Most of the Judges are also parents.

If the parents have an agreement the Courts will honor it. If the parents can not agree than it is in the child's best interest to have one parent be legally responsible for the basic necessities. Shopping for clothing & school supplies are chores and responsibilities not fun vacations.

As to my example below.... I get the same amount of $ whether I spend it on the kids activities or cheetos. The children & I live on about 1/8th of Dad's gross income. If money creates a bias in the children toward the parent with the most $$$ than in my case, even with all I provide for my children, Dad has the clear advantage. But, I have found the opposite to be true. The kids resent the income disparity and appreciate the sacrifices I make of my own needs on their behalf. Possibly because I use money as a tool and not for power and control.

Hope that answers your question GURU.

Guru

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Re: current guidelines teach children to favor one parent
« Reply #11 on: March 13, 2012, 11:55:18 PM »
KTM, I think what I got from your reply is that it is perfectly fine for Dad to pay for 100% of these expenses twice and it is not psychologically damaging to kids to not have Dad involved?  You've made a number of observations and assertions with regards to the judges in your district.  In my district there are nearly a dozen judges, none of them are women, and maybe half of them have kids.  I would never compare my financial or moral decisions to that of a judge.  A judge may think it is perfectly fine for a child to have 2 40" plasma TV's because his own children have them.  However, for someone making 15% of his income probably doesn't view a TV as a necessity at all.  So I don't really buy that a judge can empathize with lower income parties all that well.

I think we can simply agree to disagree on this topic.  Bob posted his question as to whether anyone else sees the favoritism as a problem, and I absolutely think this is an issue, but I also know that there will always be different opinions out there.  Whether either can be substantiated is yet to be seen.  But I don't think choosing the "in charge" parent based purely on their income is the correct way to approach the subject.

I do think you hit the nail on the head, though, when you stated that with your child support money you could provide activities or cheetos for the kids.  I think this is a fundamental problem with child support.  We throw money at the issue, but never really check up to see where the money goes.  It's a difficult job, and we just automatically trust that the parent receiving support does the right thing.  But I'd be willing to bet the vast majority have purchased something for themselves with it.