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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8948
Experience:  Experienced Family Law Attorney
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I am providing $963/month to provide housing ex-wife

Customer Question

I am providing $963/month to provide housing for my ex-wife and my two children. Can this expense be considered in the State's calculation of my child support order? It is my understanding that a portion of my child support is to help provide housing but I am taking care of that already.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
I would think it could be considered as "Part IV, Additional Expenses" in the TN income shares worksheet, which is the same section that allows me credit for providing their health insurance. The only entry left in this section, however, is "work-related child care". It would make sense that I could receive credit for this in some manner. Just not sure how it should be documented and reflected in the State's worksheet that is used to determine child care.
Customer: replied 11 months ago.
If the State had a prescribed amount (percentage) of the child support order intended to cover housing, perhaps I could be given credit for that portion.
Expert:  LegalGems replied 11 months ago.
Thank you for your patience; there are several instances in the statute that allows for the court to consider housing expenses that are paid by the obligor, yet isn't included in the child support order. these expenditures can be considered to justify a devaition from the child support guidelines. Guidelines can be rebutted pursuant to section 1240-2-4-.07 at page 30 - so long as the child's minimal needs, including housing, are taken into account. Based on that alone, the statute does allow deviation. Other areas that allow it to be taken into account are:section 1240-2-4-.01 (page 3) which states:(3) The major goals in the development and application of these Guidelines are, to the extent possible, to: (a) Decrease the number of impoverished children living in single parent families; (b) Make child support awards more equitable by ensuring more consistent treatment of persons in similar circumstances while ensuring that the best interests of the child in the case before the tribunal are taken into consideration; Also please see page 10: (b) Child Support Schedule Assumptions. 1. The Child Support Schedule is based on the combined Adjusted Gross Income of both parties. 2. Taxation Assumptions. (i) All income is earned income subject to federal withholding and the Federal Insurance Contributions Act (FICA/Social Security). (ii) The alternate residential parent will file as a single wage earner claiming one withholding allowance, and the primary residential parent claims the tax exemptions for the child. (iii) The Schedule’s combined obligation includes the tax adjustments for federal withholding and the Federal Insurance Contributions Act (FICA/Social Security). 3. The Schedule is based upon the 1996-1999 Consumer Expenditures Survey, conducted by the U.S. Bureau of Labor Statistics, and updated to 2003 levels by adjusting for the rise in the Consumer Price Index since 1996. 4. Basic Expenses. (i) The Schedule assumes that all families incur certain child-rearing expenses and includes in the basic child support obligation (BCSO) an average amount to cover these expenses for various levels of the parents’ combined income and number of children. The bulk of these child-rearing expenses is comprised of housing, food, and transportation. The share of total expenditures devoted to clothing and entertainment is also included in the BCSO, but is relatively small compared to the other three items. Also page 13, which includes in income:(xviii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash; So all of these give the court discretion to deviate from the statutory guideline amount precisely because, as you pointed out and as addressed in the statute, housing is a substantial child rearing cost for which support is ordered. Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  LegalGems replied 11 months ago.
I forgot to provide the link!Here it is:https://www.tn.gov/assets/entities/humanservices/attachments/1240-02-04.pdf Thank you!
Customer: replied 11 months ago.
For simplicity, could I list it under additional expenses even though it is not technically "work-related" child care? This would be a simplistic way of providing some allowance for the additional expense similar to health insurance. Providing a stable home for my boys is an additional child care expense. This would be easier than having to incur the expense of filing a petition and fighting it out in court. if there was an additional option for such expenses that are not specifically work-related, this would be much simpler.
Expert:  LegalGems replied 11 months ago.
It could be listed as an additional expense, but with an asterick and a note explaining the inclusion (ie that the housing costs are paid for directly). (That way it would not be perjury- ie listing housing as a work related child care expense) However, if the other parent challenges it, then one would need to respond by filing a modification request based on the above references.
Expert:  LegalGems replied 11 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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