Author Topic: Changes to the parenting time adjustment  (Read 38432 times)

Guru

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Changes to the parenting time adjustment
« on: March 13, 2012, 09:48:57 PM »
This topic has been discussed for years.  It needs to change, period.  Changes are discussed below.

1.) parenting time adjustments should follow the shared custody method, but instead of dividing by two (equivalent to multiplying by 50%), the percentage parenting time should simply be used.  This means the exact same method could be used for parenting time adjustments, thereby eliminating the need for multiple confusing provisions.

Indiana actually uses something similar to this.  http://www.in.gov/judiciary/rules/child_support/

2.) parenting time should be generally calculated as # overnights /365, however it should also be considered if a parent spends most of the wake hours with the child.

KTM

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Re: Changes to the parenting time adjustment
« Reply #1 on: August 15, 2012, 07:10:41 AM »
References to Parenting Time and Financial Matters would be most helpful if they were in alignment and remained in alignment with the Federal Tax Code.

Guru

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Re: Changes to the parenting time adjustment
« Reply #2 on: August 15, 2012, 12:28:57 PM »
Are you referring to comments I've made or the child support guidelines?  Can you be more specific with regards to alignment with the federal tax code?  I don't disagree, but I'm not sure how the tax code reads on the subject.

KTM

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Re: Changes to the parenting time adjustment
« Reply #3 on: August 15, 2012, 01:29:33 PM »
References to Parenting Time and Financial Matters (within any Kansas guidelines, laws or proposed changes) would be most helpful if they were in alignment and remained in alignment with the Federal Tax Code.

Search on the IRS website for "Child and Dependent Care Information". IRS publication 929 (2011) tax rules for Children & Dependents, 503 (2010) Child & Dependent Care Expenses, 4694 (Rev 12-2011) Grandparents raising children, http://www.irs.gov/newsroom/article/0,,id=258326,00.html Same Sex Partners, 972 (2011) Child Tax Credit, Topic 602 - Child and Dependent Care Credit, Earned Income Credit Qualifying Child Rules.

Using the same definitions and terminology as the IRS would be helpful.

Dad

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Re: Changes to the parenting time adjustment
« Reply #4 on: October 03, 2012, 12:22:30 PM »
Dyslexia tutoring is considered a "special needs" expense with tax code, so I believe that it should also qualify as a special needs/ extraordinary expense with the guidelines.  I am sure there are many more specific examples, but this is the one I am personally familiar with.

maverick8550

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Re: Changes to the parenting time adjustment
« Reply #5 on: April 03, 2014, 02:51:05 AM »
Why can't there be changes that support two parents who share the child 50/50? Where I am going with this is that I share my son with his mother fifty percent of the time,but I still pay a certain amount every month.  Is this really necessary? I don't believe so since parents split the responsibility when they are together.

Currently, I pay his mom to be able to add extra income to her new family.  This has enabled the step-dad to work part time and go back to school while the mom has a masters degree but chooses not to get a career that pays the amount she should be making. What this does to me and my life is force me to buy things for him over here at my place, like his clothes, books, toys, etc. and buy the same things over there.  This is kind of an old way of thinking when the courts make one parent pay while the other can just sit back and relax. Not every bodies situation is like mine but this should be addressed.

BMull

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Re: Changes to the parenting time adjustment
« Reply #6 on: April 04, 2014, 03:27:46 PM »
Maverick,

The underlying assumption made by the state committee is that both parents are essentially still married.  So, using this assumption, they make the further assumption that if dad makes 90% of the combined income and mom makes 10% of the combined income, then dad must be paying 90% of the total family bills.  Maybe he's not, but the committee has decided to force that burden upon him and make him pay 90% of the total expenses.

So, ideally, they would like to have both parents earning 50%, so they each have equal money.  In order to calculate this, they would take (90%-10%) and divide by 2.  This is 40%.  So, if dad makes 90% of the income, but now pays mom 40%, he has 50% left.  Mom did have 10% income, but now has dad's 40% too for a combined 50%.  Following me?

Okay, so these percentages are applied to the child support found in the tables.  The values in the tables represent all of the costs that would be incurred in raising a child, including food, transportation, housing, entertainment....  Both parents are responsible for all of the costs for raising a child.  So, if you want to get right down to it, yes you absolutely paying for a part of mom's house, her car, her fuel, her utilities, etc...
« Last Edit: August 22, 2014, 08:37:24 PM by Guru »

KTM

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Re: Changes to the parenting time adjustment
« Reply #7 on: April 04, 2014, 05:26:56 PM »
Mr. Mull,

If you would like to pass a law that would require the state of Kansas to provide a guaranteed job with a level of income commensurate with experience and education of the Child Support recipient I applaud and support your efforts. Ok. I jest. I do not support Socialism.

The real job market/Free market does not work that way. It is prejudicial and ignorant to state that child support recipients must be forced to work and do not do so by choice. As if the majority are leeches. Unfortunately the free market economy does discriminate against women who have obligations to children and childcare. Job choices and options are limited and tend to be lower paying. Take some time to research the statistics.

It is my understanding that a change in Federal Law would be required to change the Child Support basis from the parents burden to family units responsibility. It gets really really messy when you make second or third marriage partners financially responsible for their step children after they divorce the child's biological/adoptive parent. This has been discussed previously on this site in other threads.

KTM

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Re: Changes to the parenting time adjustment
« Reply #8 on: April 04, 2014, 06:43:25 PM »
Child Support COST Shares Models - Department of US Health and Human Services

The basis of ALL State Child Support models

Child Support Guidelines "Primer"
http://www.guidelineeconomics.com/costshares/index.html

maverick8550

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Re: Changes to the parenting time adjustment
« Reply #9 on: April 04, 2014, 07:24:04 PM »
KTM,

I agree with your statement, but in regards to my comment it would have been more objective to inquire what I meant if it wasn't clear to you.  The mother graduated from college with a Masters, took her test for her license and failed.  Since then, which was two years ago, she has not tried to reapply for the test so she could become eligible for the job that she had to get her degree for.  Its pure laziness to not try again nor have the ambition to better yourself.  There is no excuse to try once, then quit.  We are both adults and as adults we should be able to take care of our children on our own since having one was a choice, but just because one parent doesn't have the drive to succeed means that the other has to make up for it.  Thats ridiculous and utterly irresponsible, and to sit here and blame others for the problems is almost embarrassing.

What is a bit of a skewed view is the child support system.  Society has changed quite a bit since the creation of the system that it needs to be reformed to take into account all of the changes in our society.  Her and I take great care of him, and we have setup our own system outside of the courts since that whole system is a mess, and I pay what I owe.  Im very happy to do it because I do need to make sure he is taken care of, but there are parts of this system that are very one sided to begin with.  She works full time and I work full time, but my check to her every month has enhanced her life and her husbands life.  Her husband was able to go to a part time position so that way he could go back to school, and based off of everything they purchase for my son I know that she receives way more than she needs. Please tell me why this system is correct and why I shouldn't feel the way I do.  My son may cost them at most 100 bucks a month outside of school tuition, since I pay for health insurance that covers everything he needs with an FSA to take care of everything else, but I still have to provide EXTRA for what? His college is already taken care of since I set that up for him, money is already there for a 4 year degree.  What else is there?  Let me just put this into perspective for everyone to further solidify my point.  If I lost my job, the mother and stepfather are so dependent on my money that she and her new husband along with there child (not mine) would lose their house.  Is that really what the system was intended for, no but it is geared for that.

Modern society is still not perfect but a system should be in place for those that although are not together still create a great environment.  Her and I talk freely, meet up for baseball games, consistent rules and parenting at both households, and really have a decent relationship.  I admit, its a shame that it didn't work between her and I but this is the life we have so we do our best to make it perfect. 

All I am looking for is a bit of fairness towards this given our situation.  If the circumstances are identical to mine setup then in my opinion everything inside of each parents household like food, bedding, clothes, etc. is the responsibility of that parent, but school tuition, sports, extracurricular items are up to both parents to provide for.  That in and of itself is very fair and does not make one side co-dependent on the other.

KTM

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Re: Changes to the parenting time adjustment
« Reply #10 on: April 05, 2014, 06:34:06 PM »
Maverick 8550,

It is understandable that you would be confused if you thought my previous postings were responses to your post. I was not addressing you or your post in any way.

KTM,

I agree with your statement, but in regards to my comment it would have been more objective to inquire what I meant if it wasn't clear to you. 

Quote
What is a bit of a skewed view is the child support system.  Society has changed quite a bit since the creation of the system that it needs to be reformed to take into account all of the changes in our society.

This statement is a positional view about how our our legal system and governmental process ought to work. That is much too complicated to debate or explain in posts on this site.

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Please tell me why this system is correct and why I shouldn't feel the way I do. 

You are entitled to feel any way you would like. But, individual feelings do not dictate law or public policy.

Quote
Let me just put this into perspective for everyone to further solidify my point.  If I lost my job, the mother and stepfather are so dependent on my money that she and her new husband along with there child (not mine) would lose their house.  Is that really what the system was intended for, no but it is geared for that.

Unfortunately, the majority of the American population lives paycheck to paycheck. One or two losses of paycheck away, regardless of the source, from the type of serious life disruption you refer to. This is a lifestyle choice and has nothing to do with Child Support income.

KTM

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Re: Changes to the parenting time adjustment
« Reply #11 on: April 06, 2014, 06:46:43 PM »
Mr. Mull,

It is unfortunate that you view my postings as antagonistic toward you. My intent is not to antagonize you. But, is to post things that will challenge readers to seek more information, consult with an attorney and consider more than one side, gain perspective, on debated issues.

This site allows for an open forum discussing opposing opinions of the issues raised on this website and sharing experiences. So, it is natural that I will challenge your statements or anyone else's when presenting an opposing view. I do not have a problem with anyone posting their views or holding a specific point of view that differs from mine. Nor do I have a problem with someone challenging my opinions.

If you want to complain that you feel Child Support and the current system is unfair than state the chain is about complaining about the unfairness of Child Support. I understand this forum to be about discussing issues and questions related to Child Support. Speech & Debate 101 may help.

djmlaw

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Re: Changes to the parenting time adjustment
« Reply #12 on: April 08, 2014, 08:22:59 PM »
The Guidelines have a strange algorithm in determining child support.  Mother and Father have 1 child in middle age category living with Mother.  Father's child support income is $6,000.00/month and Mother's is $3,000.00/month.  I get a child support obligation of $852.17 for Father.  Mother should be making $6,000.00/month.  Please stop for just a moment and guess what Father's new child support should be.
The answer is $809.79, a 5% decrease in child support based on a 100% increase in the custodial parent's income.  That's why nobody is concerned with Maverick8550's argument that Mother's not generating enough income.  The custodial parent's income just doesn't affect the noncustodial parent's child support that much!!!!!!
However, Maverick8550's point isn't quite that.  He has what I call "alternating equal physical custody" of the child and then the net child support obligation is 1/2 of the difference between Mother's child support and Father's child support.  This calculations is very sensitive to both parents' child support income and now the difference between Mother's actual income and "hard working" income is important.  In Case 1, Father's net child support is 1/2 * ($852.17 - $426.08) or $213.05 and in Case 2, it is zero.  As a point of reference, this shared custody is 25% of Father's noncustodial parent's child support of $852.17.  I understand that Maverick8550 is unhappy about paying $2,556.60 a year for the step-father's needs.  However, the Guidelines puts the needs of the child at $1,619.59 a month for parental incomes of $6,000.00 which is $19,435.08 a year so this $2,556.60 is only 13.15% of the child's $19,435.08 annual needs.
djmlaw

BMull

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Re: Changes to the parenting time adjustment
« Reply #13 on: April 08, 2014, 10:35:59 PM »
djmlaw,

Your statement about the CP, or what I call the PRP (Primary Residential Parent), montly income having very little effect on child support is spot on.  In fact if the NPRP (non-primary) has 45% parenting time and both parents make the same wage, there's very little difference if the PRP makes minimum wage.  I believe this to be a real issue with the parenting time adjustment.  The shared residency provisions more accurately account for the income of the NPRP.

As you are aware, both direct and indirect expenese are involved.  It's a fiarly common question to people with shared residency why they pay child support at all.  Nearly every shared residential parent I've talked to questions why they are required to pay if they care for their kids equally.  As you know that all boils down to how much money everyone makes and the NPRP sharing money with the PRP just as if they were still married even though they may not have ever been married.

But maverick's question, as I understood it, was why was his ex's massively discounted living costs not accounted for in the child support award.  Marriage and subsequent sharing of expenses is not accounted for in the guidelines at this time.  So, as it stands right now, either party may remain unemployed if married.

One other minor detail I'll mention about your post is the term "needs of the child."  This has nothing to do with your post, but rather a splinter in my mind on this subject.  I understand what you are saying, but we need to be clear that the guidelines do not only provide for the "need" of the child, they provide for the typical regional monthly "expenditures" on children.  To me there is a very large difference between typical expenditure and need.  Expenditures include voluntary spending while need is exactly that - need.  Children do not need an Xbox, but higher income categories allow for the Xbox because higher income families "typically" have one.  However, children of divorced families don't have just one, they have two (one at each home).  That is something that is not accounted for.

KTM

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Re: Changes to the parenting time adjustment
« Reply #14 on: April 09, 2014, 09:00:38 AM »
Please keep in mind that as the law stands today, no one can say what someone "should" be getting paid except the employer that pays them. Jobs are not an entitlement nor is anyone guaranteed a job. "Actual income" is considered by the Courts as Gross income from all sources as taxable to the person. Why is "hard working" income any more important than passive income such as what you would get from investments?

If your reference to "actual" income vs. earned income implies that household income should be considered for a child living with a parent that remarries that becomes very very complicated and applies to both parents as to household income.

So, is the real question a moral & social statement? The state of Kansas and the Federal Government must decide. Do you believe that someone who chooses to marry a person who is a parent needs to become obligated financially/legally for all of the children that parent has technically acquired OR do you believe that the responsibility financially/legally needs to remain with the biological/adoptive parents?

Your answer to the aforementioned questions may be based on your beliefs about marriage. Certainly, if the guidelines are changed one may presume that a large number of people would wait to marry a second or third time until after their children are grown up and instead choose to co-habitate. I believe  the laws regarding common law marriage by cohabitation are no longer applicable today due to the proliferation in the number of people co-habitating there would be no net change in the child support obligation and the parent would be considered a single parent who is co-habitating (having a roommate to share expenses). Resulting in a zero net change in any solution you thought might occur moving forward. Any changes made to the way Child Support is calculated now in the direction you suggest would only effect people who are currently remarried. Nothing would stop them from getting an amenable divorce on paper and continuing to live together if their original goal was to take your money. Than you would be back to square one again and the courts would be flooded with unnecessary divorces.