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Family Forum / Marriage / Divorce / October 2007California Divorce questions.....please help!
Background: State of California Married almost 12 years, have 5 kids (12, 10, 7, 5, 5 yrs old). Spouse hasn't worked for over 9 years due to aggreeing to be a stay-at-home mom and raise the kids + for financial reasons. Net monthly income: $3,291.48 Gross monthly income: $4,174.80 Mediation on: 11/16/07 Hearing on : 11/26/07 Questions: 1: I read that the courts will base child support on my GROSS monthly income; how much would that be given the numbers above? 2: Spouse is requesting 80/20 in child custody. I am not contesting it, but do I, or can I, change my dependants since my kids will be living with her? 3: Who can claim the kids during tax time? (I was thinking of changing my dependants from 7 (whole family) down to just 1 (me) prior to the court mediation/hearing. Do not take this as I am trying to AVOID paying child support. I am only asking this question because if the courts base me paying child support on my gross income and I am not allowed to claim my kids or keep them as my dependants, then I will be affected dramatically, since I will want to find a place close to my kids and rent/roomates in the area go for $900-1200) 4: She is requesting $500 in spousal support, can I get it lowered if she agreed? 5: She told me that she is NOT going to look for a job since her mom will be helping her financially, and that she will be going back to school to finish her degree. Will that affect how much money she gets? Thanks for you time and with any REAL responses. > Background: State of California > Married almost 12 years, have 5 kids (12, 10, 7, 5, 5 yrs old). [quoted text clipped - 4 lines] > Mediation on: 11/16/07 > Hearing on : 11/26/07 ------------------- My question: How the hell can you feed+clothe 5 kids on that income in California, and had you never heard of birth control? ------------------- > Questions: > 1: I read that the courts will base child support on my GROSS > monthly income; how much would that be given the numbers above? I'm not familar w-CA C/S Guidelines. I suggest that you research it online, starting with www.nolo.com -------------------- > 2: Spouse is requesting 80/20 in child custody. I am not contesting > it, but do I, or can I, change my dependants since my kids will be > living with her? > 3: Who can claim the kids during tax time? If you are referring to changing your W-4 Tax Withholding Form, you can change the number of "estimated" dependents at anytime. Reducing your number of dependents will increase the amount of money withheld from your paycheck. As it turns out, this is exactly what you need to do, since whomever has custody of the children for more than 1/2 of the year will get to claim the tax deductions (absent an agreement or court order to the contrary). --------------------- > 4: She is requesting $500 in spousal support, can I get it lowered > if she agreed? > 5: She told me that she is NOT going to look for a job since her > mom will be helping her financially, and that she will be going back > to school to finish her degree. Will that affect how much money > she gets? Sure. Unlike C/S, spousal suppoirt (alimony) can be set at any amount that's you and she agree upon, even zero. Even if she does not work, you can ask and the court can impute at least a minimum wage income with respect to C/S and alimony. However, if she is in school, you could be liable for "rehabilitative" support to help her through it. Try to get the support limited to a specific term of years. --------------------- > <jbani...@yahoo.com> wrote: > > Background: State of California [quoted text clipped - 47 lines] > through it. Try to get the support limited to a specific term of years. > --------------------- Thanks for the reply. I'll be sure to bring that up with my attorney. > Background: > [quoted text clipped - 38 lines] > > Thanks for you time and with any REAL responses. Gross means before taxes so changing the deductions wouldn't help you in the divorce, but may help you at tax time. Most states have a maximum percentage of your wages per child she'll not be able to go beyond unless you agree to it, ask your lawyer. I get $500.00 per month for one kid and I am trying to get that raised as we speak, it's the only thing in a divorce decree that isn't written in stone. As far as taxes have it written into the divorce decree who gets to claim what. I've 100% custody of our disabled son and my former lying, cheating, bitch of a wife gets to claim him till he's 18. Work it out with her and get it written into the divorce decree. Offer her a percentage of any tax refund, if she's not working and not paying taxes a child deduction won't help her much. You could claim them till the year she graduates and starts working then let her claim them or something like that. I have to file single and my ex-wife gets to file head of household with one child deduction. She could come see him if she'd like, but I doubt the soulless bitch will ever get on a plane and fly 1800 miles to do it, which is why I say I've 100% custody. She was going to put him away somewhere close by at the states expense where she could go see him when she wasn't f.cking her co-workers and I wanted him so I got him. Her plan was to abandon him on the steps of the state hospital or something like that and he's my best fishing buddy so I couldn't leave him behind. We caught our limit of trout yesterday afternoon in about an hour which pissed him off, because we had to stop fishing. > <jbani...@yahoo.com> wrote in message > [quoted text clipped - 67 lines] > > - Show quoted text - Did all this occur in California? Thanks for your reply, answered some of my questions. >> <jbani...@yahoo.com> wrote in message >> [quoted text clipped - 84 lines] > Did all this occur in California? Thanks for your reply, answered some > of my questions. Nope Texas, but my guess is California law is even worse on the non custodial parent. This evil bitch actually discussed with her lawyer severing her parental rights and divorcing her own child so she wouldn't have to pay child support and provide health insurance for him then had the balls to tell me about it. Since he's disabled she has to pay child support for the rest of his natural life, to me or whatever state agency or group home he eventually enters some day, and provide health insurance till he's 25 years old. Google "california child support calculator". There are many free calculators for CS out there. California CS is based on gross income less taxes, mandatory pension and union dues (where applicable). You'll also likely have to pay Spousal Support in addition to CS. I don't know the bottom line but I can say you'll be lucky if you have enough money to live in a tent after they get through with you. My guess is that you may have a little over $1,000 left after they get done with you. b. Forgot to answer the tax question. Unless your ex signs a waiver stating so, she will get the tax deduction. You can attempt to get the tax exemption in your settlement agreement but again, she'll have to sign a waiver for the IRS (search for it on their website). b. |
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