It Is Not A Dollar-for-Dollar Reduction/Increase in Most Cases Guys!

It seems that I have to explain this over and over and over again….and sometimes to attorneys.

Let’s say you pay $1000 per month in child support PLUS $400 DIRECTLY to a daycare center to pay all the monthly daycare expenses.  For the sake of discussion, let’s assume child support was calculated with both parents earning the same amount of money (meaning the parents split the total support obligation 50/50.

Question: What is the basic support obligation for both parents? (everything you need to know is in the paragraph above)

Answer: $2400

Question: What is the total support obligation for both parents?

Answer: $2800 (basic obligation + daycare)

Explanation: Since the non-custodial parent is paying all the daycare directly then that parent must have received a $200 credit (half of $400 since the split is 50/50) meaning his half of the basic obligation must actually be $1200.  Since child support in this scenario was based upon the parents having the same income then logically the basic support support obligation of both parent is $1200 x 2 = $2400.

The second answer is easy: $2400 + total daycare

So what happens when daycare is no longer required?

Total support obligation now becomes $2400 ($2800-$400).  Parents split the obligation and the non-custodial parent gives the custodial parent $1200….NOT $1000

Bet you thought that once daycare was dropped that the $400 would come off the top and $1000 would be owed.  What you fail to realize is that you were already given a $200 credit when you were giving the custodial parent only $1000.

I see it time and time again that judges and attorneys often have a hard time with this.

(Total Support Obligation of Both Parents) x (Your Percentage of Total Income) Minus (Direct Payments)=Child Support

With Daycare:

($2800  x  .50) minus $400 = $1000

No Daycare:

($2400  x  .50)= $1200

The reverse works the same of course.  If the custodial parents want to use the daycare again, he/she would only get a $200 increase in child support for a $400 expense.

The ONLY time the amounts change dollar-for-dollar is when the custodial parent has no income (which should only occur if he/she is caring for your child while under the age of five).  Be sure to appeal anytime a judge does not impute income to a custodial parent who just wants to sit back and collect child support.

And of course, make sure you get a good family law attorney.

If you think this is complicated;  try this:  Daddy makes $4000/month and Mama makes $1500/month.  Daycare is $388 per month paid by Mama.  Daddy pays dance lessons in the amount of $30 per week.  Daddy also pays Blue Cross for health insurance in the amount of $115 per month.  Daddy pays child support for another child from a previous marriage in the amount of $500 per month but it is not court ordered.

Daddy loses in court and mama is made domiciliary parent.  There is one child under the age of five.  What does Daddy pay Mama in child support?

Once you get the Basic Support Obligation from the statutes then the answer is rather simple.

5 thoughts on “It Is Not A Dollar-for-Dollar Reduction/Increase in Most Cases Guys!

  1. Sounds to familiar. I have a x and 2 children with it. It has the 9 yr old I have the 21 yr old going to collage. I have had him sense he was 6. We divorced tried getting back together and it didnt work out and she left but not before having the 9 yr old. I had to pay (the first time) before the 9 yr old, $400 per month in 1997. And I was domicile parent!! If I gave her a car and 400 my she would sign him over. DONE!! well 5 yrs later she is back in the house pregnant. Then leaves when the 9 yr old in 3 months. AND filed for divorce??? yep. Did not marry her or even call her my wife. Anyway, The 21 yr old is in college, and on the first of last month I was ordered for an increase to $1100.00 from 300. I have ins. on everyone although she was ordered by state to pay on 9 yr old. But never did so I picked it up, dental health ins. all of it. Comes to 1100.00 ins. then 1100 for support and 100 to the state just for handling it. So I pay for college and ins. and 1100 plus the increase was on the first, they hit me for 11k arrears becasue the case didnt get to trial until last month they filed last yr. Because of this they are ruining my credit, raises my interest on credit cards, and no one wants to lend money, mortgage or vehicle, to someone that is in arrears!!! So all in all a month it cost me with tax on support and ins. around 2700 a month. I make about 5500. With a new wife, I say new, 8 yrs married and a 3 yr old at home along with the 21 yr old. So 5500 minus tax is 3190 now subtract the ins. 1100 – the support 1100 – 100 state I bring home 890 to put a roof over my families head. WOW. LA state is the most Freaked up place ever. One sided. For the woman not for the child. And she gives him beer and has sex with many many men while the child is in the same room at night. YES same room. And pictures and piles of evidence and the judge in Lake Charles LA. said it dont matter, that its a lie. Even with statements from witnesses and face book admitting it and emails from her boasting about it. And this judge is not bias? WOW! How can my family live on less that 1000 a month? Just dont get it. OH and even the 21 yr old testified against her being an alcoholic and has pulled a gun on him and pointed it at his head, but judge said it was a lie, that he just wanted to hurt her. WOW. Her family has ties to the DA and judges and I have her saying it in a email but the judge will not take it into evidence or any pictures of 23 men coming in and out of the house with the child there within a 6 month period. Or any of the death threats, or giving the kid alcohol, or her admitting using drugs, or the pics of her with the 20 plus men, drinking with the child at a pool, beating him, bruises to boot, black eye, neglecting dental, his little teeth rotten out of his head, I spent thousands to correct, And Im the one that owes 11k and live off of 900 a month with a three yr old. This is anal rape from LA. the list goes on. Its a nightmare for the kids much less me. We will be on the street soon, very soon. Appeal? yes, What happened? Its your obligation! One kid gets more than an entire house, Oh excuse me, He gets nothing, Shoes to tight, cloths to tight, all the qwhile she buys a motorcycle and new boots and then will not let me see him unless I give her money all at once and not broken up twice a month. Cops, court do nothing. Nothing.

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