My ex-husband and I are in the middle of a disagreement on re-calculation of child support. I went to college when we were married funded by student loans. My graduation was July of 2011. Our divorce was final Feb. 2011. My loans came out of deferment Jan. of 2012, I am now adding in my loan payments on the child support worksheet in the "extra ordinary expenses section, #10 line e. My ex husband is stating I cannot add this in...for re-calculation of child support. Can you advise please?
State/Country relating to question: Colorado
We divorced with mediaton. We have gone back to mediation once in Nov. 2011, with no resolve. Please advise on the issue of re-calculation of child support.
Dear JACUSTOMER - Your husband is correct. This is not a child care expense and would not be used in calculating child support. It would be an expense of yours just as any other expense such as rent or a mortgage etc. Child support is calculated using the respective incomes of the parties and only things like day care and medical insurance that directly relate to the child is included when calculating child support. The student loan expense would be something you would consider if alimony or spousal support was an issue in the divorce but it is not related to child support.
25 years experience as practicing attorney
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