# Finally divorced



## daddymikey1975 (Apr 18, 2009)

I haven't written much since becoming a member. A little back story. 

Was married almost 12 years. Have 4 kids from the marriage (although one is my step son that I'm concurrently adopting). Of the 4 children, my oldest son (11) lives with my full time and I have 50/50 custody of the others. They are with me for a week at a time, every other week. 

We basically came to agreement on everything regarding property, debt, assets, etc. We went to mediation and came to an arrangement for custody and parenting time. The only thing we couldn't agree on was support. 

I'm in Indiana. I work 40 hours per week. I also am able to work overtime if I want to (I have been due to financial obligations). 

XW was diagnosed with muscular dystrophy in 2008/2009. She has tried numerous times to get disability with no success. She currently has an appeal and was denied. She was seen by a doctor appointed by Social security and deemed that she's able to still work (with some restrictions). 

In Indiana, when calculating child support, they impute minimum wage for a spouse that's not working. Her lawyer proposed $100/wk as her income. She receives $100/wk from her ex for her oldest son. She failed to present to the court anything that justifies that she IS disabled. 

Secondly, I'm wondering how the court will include a any overtime in the support calculation. 

The judge said we are divorced as of today, but he has taken the support calculation under advisement and will let us know how we should calculate it. 

Any ideas how this might pan out from those that have traveled down this road?


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## nickgtg (Jan 11, 2013)

Well, here in Texas I pay 30% of my income for three kids. It starts at 20% for 1, 25% for two, and so on. 

Also, that's gross income, not net. They take into consideration what you'll pay for health care for the kids, any union dues, and maybe a few other things.

There should be an online calculator for your state, just Google it.


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## EleGirl (Dec 3, 2011)

In a lot of states they take your W2 and tax return for the last 1-2 years to determine your income.

If there is a change, such as overtime is no longer available you can ask that the change be considered. 

Generally you would have to provide a letter from your employer stating that overtime is no longer available if in the past you had steady overtime work.

If you adopt your stepson, then won't the support his bio-father pays now stop?


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## daddymikey1975 (Apr 18, 2009)

*Re: Re: Finally divorced*



EleGirl said:


> In a lot of states they take your W2 and tax return for the last 1-2 years to determine your income.
> 
> If there is a change, such as overtime is no longer available you can ask that the change be considered.
> 
> ...


His bio father is not in the picture what do ever. That's a long story. 

I have a letter from my employer stating that overtime is voluntary, not guaranteed, and may not be available in the future. 

Any idea about the minimum wage part?


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## Pluto2 (Aug 17, 2011)

Lots of states have an minimum amount that they will impute to a parent for support. In Virginia its $60 per month and its set forth in the statute, but very hard to get. If she's not disabled, but not working, they judge will ask for evidence of earning potential. Other judges will impute 40 hours at minimum wage as a starting point, unless one of the parties presents evidence to the contrary.


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