I have a question that is confusing me. I can easily predict that I will always make quite a bit more money than my childs mothers. (Due to education etc) We were never married. I live in a state that uses income-share model of child support. In the formula, it provides for the parent that has more income to pay a larger percentage of the "costs" that are outlines by the Child Support Guidelines. I have read the 5 tests, and it seems that an NCP who provides child support that, in total, is more than 50% of the total costs would be able to claim the child. In my situation, there is no court order as to who can claim the child. Child Support can be very, very expensive for someone who makes a high income (over $60,000) if the custodial parent is only being assigned minimum wage (does not work, or part-time low wage worker). She has gotten married also. I can predict that he will make much less than me also (if it matters, due to education, etc). It does not matter in the child support guidelines.
If I were to claim the exception, I am sure she will too. (It will be hard to work it out with her, she is not reasonable.) Would a copy of the guidelines, outlining that I provide more than 50% of the support, as determined by my state of residence, suffice as proof that I did support the child more financially?
I have posted the info from the online support calculator below, it seems if I make 60,000 per year, and she is assigned minimum wage, then I am paying 84% of the total financial support of the child, as determined by my state.
It seems it would be very hard for her to prove that she provided more support with no income at all?! She could maybe argue that her husband did, but I seriously doubt that, with child support of $613.56, he is providing more than that. I mean $1227.08 is a ton of money to support one child. I do not want to sound greedy, but it seems that I should get the child tax credit, because I provide more financially. What do you guys think?
Any replies will be very appreciated....
And now the guidelines....
Calculation for Number of Children 1 Obligor (non-custodial) is mother or father Father Number of overnights with obligor 0 BASE MONTHLY OBLIGATION FATHER MOTHER COMBINED GROSS MONTHLY INCOME $5000.00 $900.00 $5900.00 (all sources, except child support received and means-tested public assistance)
2 Less Court Ordered Optional Monthly Adjustment for Marital Debt $0.00 $0.00 $0.003 Less Court Ordered Monthly Child Support and Support Alimony actually paid (for others) $0.00 $0.00 $0.00
4 ADJUSTED GROSS MONTHLY INCOME (Line 1 (-) Line 2 and/or Line 3, if used)$5,000.00 $900.00 $5,900.005 PERCENTAGE SHARE OF INCOME (Line 4 for each parent divided by Line 4 Combined) 84.7% 15.3% 100%
6 BASE MONTHLY OBLIGATION (apply Line 4 Combined to Child Support Schedule and insert in Line 6 Combined Then Line 6 Combined X Line 5 for each parent.) $613.56 $110.44 $724.00B SHARED PARENTING ADJUSTMENT (if used)
7 NUMBER OF OVERNIGHTS WITH EACH PARENT (If less than 121 for non-custodian, skip to C) 0 365 3658 PERCENTAGE WITH EACH PARENT (Line 7 for each parent divided by line 7 Combined) 0.0% 100.0% 100%
9 SHARED PARENTING BASE OBLIGATION (Line 6 Combined X 1.5)10 EACH PARENT'S SHARE (Line 9 Combined X Line 5 for each parent)
11 AMOUNT RETAINED BY EACH PARENT (Line 10 for each parent X Line 8 for each parent)12 OFFSET AMOUNT (Line 10 (-) 11 for each parent)
13 ADJUSTED BASE MONTHLY OBLIGATION (Subtract smaller amount from larger amount on line 12. If obligee amount is larger than obligor amount, enter $0 for obligor.)*** $613.56 $110.44 $724.00C HEALTH INSURANCE PREMIUM
14 MONTHLY HEALTH INSURANCE PREMIUM (Actual monthly premium amount for each parent, for children included in this calculation.) If none, enter $0 and skip to Line 17. $0.00 $0.00 $0.0015 MONTHLY HEALTH INSURANCE PREMIUM SHARE (Line 14 combined premium amount X Line 5 for each parent) $0.00 $0.00
16 ADJUSTED PREMIUM SHARE paid by obligor (Leave obligee amount blank. Subtract obligor line 14 from obligor line 15. Amount may be negative.) $0.00D WORK AND EDUCATION RELATED CHILD CARE EXPENSES
17 MONTHLY CHILD CARE EXPENSES for each parent, for children included in this calculation (Skip to line 18 if Oklahoma DHS Child Care Subsidy case). $0.00 $0.00 $0.0018 OKLAHOMA DHS CHILD CARE SUBSIDY (line 18f X line 18b / line 18a) a. Total children in obligee's child care subsidy case b. Number of children of these parents in obligee's child care subsidy case c. Obligee's actual gross monthly income d. Obligor's base monthly obligation amount e. Amount treated as obligee's DHS household income (line 18c + line 18d) f. Amount treated as obligee's family share co-payment from the OKDHS Appendix C-4 (Rev. 9/1/04)
19 CHILD CARE EXPENSE SHARE (Line 17 combined or obligee line 18, X line 5 for each parent) $0.00 $0.00 20 ADJUSTED CHILD CARE CONTRIBUTION paid by obligor (Leave obligee amount blank. Subtract obligor line 17 or 18 from obligor line 19. Amount may be negative.) $0.0021 TOTAL MONTHLY CHILD SUPPORT OBLIGATION [Add obligor's Line 6 or Line 13 and Lines 16 and 20 (if positive amounts). Subtract Lines 16 and 20 (if negative amounts) from obligor's Line 6 or Line 13.] $613.56
E OTHER CONTRIBUTIONS, IF AGREED or ORDERED FATHER MOTHER COMBINED
22 RECURRING MONTHLY MEDICAL EXPENSES (Line 22 Combined X Line 5 for each parent) $0.00 $0.00 $0.0023 OTHER MEDICAL EXPENSES PERCENTAGE SHARE (Line 5) 84.7% 15.3%
24 VISITATION TRANSPORTATION COSTS (Line 24 Combined X Line 5 for each parent) $0.00 $0.00 $0.00