# Why is it so hard to agree to a state's standard CS



## Houstondad (Jul 6, 2011)

On another thread, I posted how I had a review a few weeks ago which was finally allowing me to request the standard CS for my kids (25% for two). This also includes my EX paying for medical support premiums monthly. She has been paying less than 20% for the last 2 1/2 years.
Anyways, despite receiving a huge raise and being allowed to deduct airfare expenses to see the kids (even though she chose to move far away) from her gross pay, she is upset that I am requesting an update to the CS. The OAG asked her to send her travel receipts so we can reschedule asap and adjust to the new CS payments. Now she has changed her mind and has not sent them any receipts and wants to work it out between her and I.
She called me a few days ago wanting her and I to settle on an agreement.
She is asking that we have seperate insurance on the kids and that she pays her own and I pay mine. Our decree has the non-custodial parent paying.

Also, she wants to claim our son on her taxes (I claim them per my decree). She says she has child care expenses while my son is up there during the summer, which is not entirely true: her alcoholic cousin lived with her and watched them year 1, and my daughter babysat year 2 (she made $8 a day. what a deal!).
Unreal.

She sent me an email to try to justify her requests which I've included below

"you do know that the 25% is a guideline and that there are other considerations that the state will look at when determining the amount?
here are some of them:
A court presumes that the number given by the guidelines is the appropriate amount of child support. Sometimes, however, the amount given by the guidelines is unfair. If you think support should be increased or decreased before a court issues the order, then you can ask the court to adjust it. Once you ask, a court will review all relevant factors, but especially the following, to adjust the amount of child support either up or down:

1.	the age and needs of the child

2.	the parents’ ability to support the child

3.	financial resources and debts

4.	the time the child spends with each parent

5.	the receiving parent’s net resources

6.	child care expenses

7.	the managing conservatorship (legal custody)

8.	alimony payments

9.	whether either parent has additional employment benefits like housing or a company car

11.	other wage deductions

12.	the provision of health insurance

13.	extraordinary expenses like those for education or health care

14.	costs of the child’s travel between parents, and

15.	any cash flow from property or other assets.

would you be willing to subtract any of the above in your 25% calculation?

She wants me to subtract all the while my kids are getting older (D14,S9), they live with me the majority of the time, my daughter is entering high school which makes me take a larger hit education wise,etc.
The only thing she has going for her is the deducting in travel. I did not like her getting rewarded to deduct that from her Gross pay before CS even though her relocation had nothing to do with a job.

Anyways, she is threatening to use a lawyer. Would that be a waste on her part?

I am getting a lawyer regardless. I have access to a lawyer through my health insurance called LegalEase. I used it in my divorce and only paid out the standard $600 for my lawyer which I'm very fortunate.

She is basing this deduction of the 25% CS on what she has to deal with for 2 months out of the year. Is it me or is she failing to realize my side of things while the kids are me for the other 10 months?!?

I just hate having to deal with unnecessary drama while I'm just trying to have a normal life raising my kids.


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## karole (Jun 30, 2010)

Does not sound like you are being unreasonable In your requests. You should file for the modification and let the judge sort it out. Raising kids is expensive and you deserve whatever the Court allows. Since you have access to legal counsel through your insurance, that's even more reason to proceed. I think you should ignore her requests and stop communicating with her directly about the matter. Let your lawyer handle it. Good luck to you. You sound like a great dad. Proceed with what is best for your kids.


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## Pluto2 (Aug 17, 2011)

No, I don't think you're being unreasonable either. Of course she would hire an attorney, she's moved out of state and needs an attorney to facilitate communications with the court.
It sounds like she is cheap.
Stick to your guns. Document your expenses with the kids and keep hammering home that she chose to move.
I will say lots of courts have parents switch years for taking the kids as a deduction, so that's not unusual.
The health insurance should go to the non-custodial parent making more money, again, she's just being cheap.


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## lifeistooshort (Mar 17, 2013)

Let the court handle it. You can't reason with people like this.
_Posted via Mobile Device_


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## 06Daddio08 (Jul 26, 2012)

As stated, let the courts settle this and do not agree or really say anything to her about it. E-mails can be used in court, so if you start trying to haggle with her, who knows how that might be used.

If your state has a guideline, go by said guideline.


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## 3Xnocharm (Jun 22, 2012)

06Daddio08 said:


> As stated, let the courts settle this and do not agree or really say anything to her about it. E-mails can be used in court, so if you start trying to haggle with her, who knows how that might be used.
> 
> *If your state has a guideline, go by said guideline*.


:iagree: She chose to move out of state, away from her own children. YOU have custody. Seems a no brainer to me, dont haggle with her on this. If your roles were reversed, there would be no question that you would be paying the full amount, right?


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