Author Topic: Multiple Family Application  (Read 17927 times)

Guru

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Re: Multiple Family Application
« Reply #15 on: November 20, 2012, 12:47:07 PM »
Dad, I agree with your opinion on this and your analogy makes sense to me.  I think regardless of biological or adopted, prior or subsequent to the divorce, all children should be included in the MFA.

KTM

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Re: Multiple Family Application
« Reply #16 on: November 20, 2012, 01:34:01 PM »
Dad & Guru

What you are stating will allow for a child or children to be provided for in Child Support by more than the two biological/original parents.

i.e. Child is born and has two biological parents.
A Child support worksheet is calculated.
One or both of the parents re marry someone else and Divorce again.
A Child Support worksheet is calculated which includes "all" of the children associated with those parties.
The children of the first marriage may then begin receiving Court Ordered Support from the first relationship (two parties) and the second relationship (four parties) and so on and so on.

I believe that it is solely the original/biological parents that should remain responsible financially for the child/ren they created unless legal rights were surrendered such as in the case of adoption. Than, the legally adopting parties should solely bear financial responsibility. It is not fair to the child/ren to dilute the child's support through the acquisition/creation of more children.

If someone wants to have more children the choice ought to be weighed with the financial responsibility to the existing child/ren in mind.

Any other way allows a man to procreate indiscriminately with multiple partners and end up minimally supporting the children by diluting the pool which would lead us, the taxpayer to foot the bill of public assistance. OR would allow a woman to indiscriminately give birth to multiple children to increase the level of Child Support.

A birth order and biological origin formula would prevent either party from benefiting from indiscriminate behavior.

ex. Petitioners child #3 & Respondents child #1 OR Respondents child #2 & Petitioners child #1.

Dad

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Re: Multiple Family Application
« Reply #17 on: November 25, 2012, 07:22:36 PM »
s@KTM,  I was very specific when I said all children that a parent is legally financially responsible for ( this does not include step children).  It only includes the biological or adopted children of the two parties involved. 

In our case, from what I understand, the 3 child schedule should be used, but only 2 children calculated on it. 

 I agree that anyone should consider the financial ramifications of having a child.  According to our case manager though the csw is written to give the parent with the additional financial responsibility (i.e. the parent with more children) a break.  Unfortunately, when giving that parent a break, it increases the responsibility of the paying parent who has chosen to not have additional children.

Dad


KTM

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Re: Multiple Family Application
« Reply #18 on: November 26, 2012, 11:41:06 AM »
Dad,

I suspect that there is a great deal of difference from Judge to Judge & Case to Case as to the interpretation of "financial responsibility" with regard to children or step children.

Do the Child Support Guidelines specifically use the terminology "Legally Financially Responsible" and define how that is to be defined?

No. (?)

Dad

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Re: Multiple Family Application
« Reply #19 on: November 26, 2012, 11:14:11 PM »
On Page 7 the term "legal financial responsibility" is used.  I have not found a definition for said term in the guidelines, but perhaps that can be added to the changes to be made list.

KTM

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Re: Multiple Family Application
« Reply #20 on: November 27, 2012, 10:03:03 AM »
Yes, Dad.

I agree that would be helpful. I also searched the Kansas Statutes to find a definition of that term used in the Child Support Guidelines and found nothing.

Does a definition exist within the Kansas Statutes?

Dad

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Re: Multiple Family Application
« Reply #21 on: November 27, 2012, 11:25:23 AM »
Update.  This is what I received from the case manager: 

Please forward this email to your attorneys as well.  I have spoken with Bradley Short of Bradley Software to discuss the discrepancies in the child support calculations in the multiple worksheets and my concern as to whether or not there is a glitch in their software.  There is no glitch in the software, but the reality is the child support guidelines as written do not contemplate your situation.   It is counter-intuitive that the mfa would reduce Father’s obligation for support, as the purpose of the mfa was to take into account that the non-residential parent has an additional support obligation of raising another child.  However, as written utilizing the mfa as a whole significantly reduces Father’s child support obligation.
It appears that counsel for MOM has attempted to get around this by NOT using the multiple family adjustment when calculating DAD's child support obligation, but utilizing it when calculating the equal parenting time adjustment and getting the bottom line.  In sum… where the mfa is not utilized Mom’s net obligation (line D9) prior to calculating the shared expense is $255 and where it is utilized it is $228.   It is perplexing to me that there is no consistency in the use of worksheets, but presume this is howMOM’s counsel was intending on getting around the fact that the child support guidelines did not contemplate the current support obligation when calculating the child support worksheet.  The only other discrepancy that Brad pointed out is that he felt that Mother’s obligation should increase by $46 for the special needs adjustment rather than Father’s obligation being reduced by $46, however, the reality is after doing both variations of the worksheets, whether Father is attributed a negative $46 or an additional $46 is added to Mother’s CSW the bottom line does not change.   
The only other difference is that the Bradley Software calculates a $5 enforcement fee and MOMs counsel’s worksheet contemplates an $11 enforcement fee.
So, bottom line in not using the mfa (in either calculation, ie Mother’s support obligation or Father’s support obligation) before the enforcement fee is $15.00, ie $511 simply consistently not using the mfa verses $526 doing a hybrid calculation.
My hope is that the above information will be helpful in getting the two of you to come to “yes” without the necessity of further court proceedings
.

This is the same person that 4 weeks ago told me I was wrong for believing the three child was used in error and that a three child schedule in fact should be used.  I am not sure what changed her mind but we are trying to work through all of this and come to some kind of an agreement.

KTM

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Re: Multiple Family Application
« Reply #22 on: November 27, 2012, 01:01:00 PM »
FYI:

A letter submitted by a Case manager to you and copied to the attorneys will also be submitted to the Judge in your Case. Upon receipt of any decision or summary in writing by a Case Manager it will be file stamped and kept by the Judge.

The Kansas Statutes for Case Management allow for a specific number of days for either party to file a Motion for a hearing to challenge the statements and opinions of the Case Manager. After that period of time passes the Court may file the letter on your Case record and the Case Managers decisions become an Order.

Guru

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Re: Multiple Family Application
« Reply #23 on: November 27, 2012, 11:34:30 PM »
Can we all agree that the MFA section of the guidelines needs a little clarification?  I think if a case manager has to seek the insight of the owner of the software, something may not be quite so clear cut.  Hopefully we all knew ahead of time that this was most definitely not a "glitch."    This game of who the judge thinks is "more financially capable" or "legally financial responsible" is where we all get into that gray trouble area.  Gray area is acceptable when it means $20, but when hundreds/month can shift because of a judge's personal beliefs (which can vary from year to year), it's not right.
« Last Edit: November 28, 2012, 07:54:21 PM by Guru »

KTM

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Re: Multiple Family Application
« Reply #24 on: November 28, 2012, 09:56:12 AM »
Agreed

sportsnbikes

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Re: Multiple Family Application
« Reply #25 on: July 26, 2013, 02:59:53 AM »
Does anyone else feel like if the court says you owe around $500 a month for your non-residential children but you also have custody of a child from a previous relationship that you get zero support from, but only get a credit of $220 DFA, that is a little one sided?  Why is one child getting 500 in support and the other getting less than half of that?

Guru

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Re: Multiple Family Application
« Reply #26 on: July 27, 2013, 12:55:21 AM »
I think its pretty common that kids of a divorce are afforded more opportunities than those same kids would have been if the parents were still together.  It's unfortunate, but the way Kansas sees it is if we spend more money on our kids they will turn out better.  I think there's a pretty fine line between giving them what they "need" and giving them everything they "want."