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Author Topic: "Overall Financial Condition"  (Read 11165 times)

Smom555

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"Overall Financial Condition"
« on: February 15, 2014, 02:43:11 PM »
Can someone explain what"Overall Financial Condition" means on the calculator? My ex got $1450 a month for this and I am trying to refigure what child support should be under our current circumstances, and don't really understand how he got that credit…

Thanks!
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Guru

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Re: "Overall Financial Condition"
« Reply #1 on: February 17, 2014, 11:29:34 PM »
I believe I recall reading in the minutes from the guidelines review a few years back that overall financial condition was intended to be a loop hole for a judge.  This way he could make any changes he sees fit and no one can really say a thing about it.  He could possibly look at mom's dirty blouse and decide she needs more money.  I don't have much of an idea how they rule on overall financial condition, but the guidelines are intentionally unclear on that topic intentionally.

Are there some more details you could share that might help us give you better feedback?
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Smom555

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Re: "Overall Financial Condition"
« Reply #2 on: February 18, 2014, 09:19:45 AM »
My ex and I agreed on our child support together. I did not have a lawyer representing me, he did. We agreed on $600/mo for 5 kids (ages 18-6) that we share equal time with. He is responsible for direct expenses. Recently he came to me saying that I am responsible for paying half the kids cars and car expenses, as they were not direct expenses. He makes more than 4 times what I make. Our medical responsibility for example, is 67/23. Anyways, I decided to download the child support calculator and see what it calculated my child support should be. I work part time, so I figured what it would be full time. I looked at the worksheet that was submitted in our divorce and the only adjustment was "overall financial condition" (other than health ins premium and child care). Is this possibly what he is keeping for the Direct expenses he pays? When I did the calculations, it told me I should be getting over $2k/month…a big difference from what I get. I just want to make sure I am using the calculator correctly. He threatened to take me to court over a car bill, and if he did, I might have to look closer at the child support amount. Everyone I have ever talked to pays more support for less kids.
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Guru

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Re: "Overall Financial Condition"
« Reply #3 on: February 18, 2014, 08:09:08 PM »
Just off the cuff, I've seen people pay way more than $600 for a single child.  Just based on that alone, I would think $600 for 5 kids is pretty low.  So based on this information and the idea that cars are luxuries, not needs and direct expenses, I don't think I would get too concerned about it.  If he claims he's going to drag you back to court, I think I'd just call his bluff.  Once he talks to an attorney, he'll get a reality check.

So your question was initially about having to pay for cars/insurance and things like this.  With new information based on your calculation that you should be getting closer to $2k/mo, are you contemplating filing to get more child support? 
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Smom555

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Re: "Overall Financial Condition"
« Reply #4 on: February 20, 2014, 07:29:39 AM »
Honestly I would rather not, if I can live off of what I get now. He throws a lot of guilt my way for being the cause of the divorce. But if these expenses get out of hand, then yes I will consider it.

Do you know how they calculate what amount of credit he would be given for paying direct expenses?

Thanks for your help.
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Re: "Overall Financial Condition"
« Reply #5 on: February 20, 2014, 12:58:41 PM »
It's based on income.  It is a percentage of the total child support obligation from the tables.  The direct expenses can be 13%, 15%, or 18% depending on income.  These percentages are adjusted down by 2% if each parent provides their own clothing in their home.  It's all in the guidelines document.

Example, total child support required for the children is $2000.  If both parents make the same wage, one parent would pay the other ($1000-$1000)/2 + 18% * $2000.  So in this case $360 would change hands depending on which parent is providing those direct expenses.  Of course if income is not the same between parents the first term in this equation is going to be pretty significant.
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Smom555

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Re: "Overall Financial Condition"
« Reply #6 on: February 21, 2014, 07:20:40 AM »
Ok, so I should first use the calculator to determine what child support would be, without any deduction for direct expenses, and then figure the direct expense amount using that formula? And then deduct that amount from the first child support amount?

The more the person makes, the less the percentage? And yes we provide our own clothing so I would deduct that 2%.
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Re: "Overall Financial Condition"
« Reply #7 on: February 23, 2014, 06:52:05 PM »
It's very easy to do in the free child support calculator we offer: http://kschildsupportforum.com/kansas-child-support-calculators-and-forms/kansas-2012-child-support-calculator-free!/msg879/?topicseen#msg879

Basically in step 1 you just select "shared residency", then enter your incomes in step 2.  The rest will be calculated for you.  You don't need 2 sheets and you don't need to adjust anything.  A new form called the Equal Parenting Time worksheet (EPT), is now used for shared residency so you can see exactly how the calculator arrived at the numbers.
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