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Michael Bradley
Michael Bradley,
Category: Family Law
Satisfied Customers: 1059
Experience:  Owner at The Protection Group LLC
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I need help determining child support where both parent co

Customer Question

I need help determining child support where both parent co partner 50% or the time, one parent makes 70 and the other makes 150, can you help with the worksheet
JA: How old is the child? Is there an agreement for payment of child support?
Customer: The child is 13 (fourteen in November) there was an agreement, but one patient lost jobs and is modifying
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need help with the work sheet it seems to be written where one parent is custodial ?
Submitted: 2 months ago.
Category: Family Law
Expert:  KJL LAW replied 2 months ago.
Good morning. I am a legal expert who will assist you today. What state are you located?
Customer: replied 2 months ago.
I am in CT the guidelines and form at the end are here
https://www.jud.ct.gov/Publications/ChildSupport/CSguidelines.pdf
Expert:  Michael Bradley replied 2 months ago.

can you give me more information, is that per year, per month, gross or net?

one patient lost jobs?

Customer: replied 2 months ago.
That is per year, gross, the 70 is a guess for me, as I am self employed, the 150 is accurate for her,One parent (me) lost work over the past,Make sense
Tim,(###) ###-####mobile
Customer: replied 2 months ago.
I can provide exact weekly income for both
Customer: replied 2 months ago.
POST HEARING MEMORANDUM
1. Defendant’s Motion for Modification
A. Procedural Background
The hearing record confirms that in July 2012 the plaintiff filed for divorce. The parties contested the divorce between January and April 2013. A settlement divorce was reached on April 12, 2013. As part of that settlement, Mr. Walsh waived alimony and Ms. Walsh took a lump sum in lieu of alimony. The parties also agreed on child support based upon defendant earning more at the time of the divorce. The parties split the child care equally. Defendant lost his job at the end of 2014. After not working for three months, defendant moved in March 26, 2015 for a post judgment modification of child support. For various procedural reasons, Ms. Walsh was able to adjourn my motion until August 2015. Additionally, she immediately retaliated against defendant by filing motions for contempt and to take the children from defendant. By the time the motions were ripe in August 2015, defendant had regained employment and the parties reached a further stipulation in August of 2015.
In the Fall of 2015, defendant’s employment situation again changed, and defendant started to earn significantly less money. Despite earning less money, defendant did his best to keep up his obligations. Finally, in January 2017, defendant again filed pro se for a modification of child support. As soon as Ms. Walsh saw that defendant was filing for a modification of child support, she again retaliated against him by moving for contempt and again asking to take the children from defendant. Defendant’s January 13, 2012 motion for a modification was incorrectly filed as it had the addresses of the parties transposed. Therefore, defendant refiled on January 26, 2017. Hearings were held on Ms. Walsh’s motion for contempt on April 3, April 4, May 15 and July 3, 2017. On July 3, immediately after the hearing, the Court decided that the testimony during the hearing for contempt was sufficient to determine both the motion for modification and the motion for contempt. The parties asked for the opportunity to put in papers and the court granted until Monday July 24, 2017. The defendant ordered transcripts of the May 15 hearing and the July 3 gearing on July 3, which were promised 10 days ago, but have never been delivered, so defendant is unable to cite the transcript for those days.
B. Financial Background
At the hearing, it was undisputed that: in 2015 defendant’s adjusted gross income was $82,845. In 2016 defendant’ adjusted gross income was $33,187. It is further anticipated that Mr. Walsh will earn around $60,000 to $70,000 this year.
It was further undisputed that Ms. Walsh’s adjusted gross income was $137,172 in 2015 and $145,917 in 2016. Ms. Walsh submitted an affidavit showing her annual salary to be above $150,000 a year in 2017.
She also has a wealthy boyfriend who contributes to her lifestyle and has significant additional attributable income.
The evidence also showed that, despite Mrs. Walsh’s claims, defendant did not regularly earn $150,000 in his career. Indeed between 2009 and 2017, a 9 year period, there are 5 years where he made or will make well less than $100,000. In addition to 2015, 2016, and 2017, in 2009, he made $59,000 (plus $15,000 in unemployment) and in 2010 he made approximately $22,000 (plus $9,000 in unemployment benefits).
Ms. Walsh also has a wealthy boyfriend who contributes to her lifestyle and has significant additional attributable income As noted in footnote 1, Ms. Walsh lives at his house, he pays for vacations, arts, entertainment, etc.
Under the child support and arrearage guidelines, the correct way to calculate child support in shared physical custody situations is to have the parent with the higher income provide support to the lower income parent.
Therefore, in 2015 when there were 2 children being supported, defendant made $82,000 and Ms. Walsh made $137,000. The combined weekly income was $4,200 per week. Using the guideline for $4,000 per week, Ms. Walsh should have been paying Mr. Walsh $708 per week. If Mr. Walsh had the only income at $82,000, he would have paid $431 week. If Ms. Walsh had the only income at $137,000 she would have paid $577 to Mr. Walsh.
In the first half of 2016 in 2015 when there were 2 children being supported, defendant made $33,000 and Ms. Walsh made $144,000. The combined weekly income was $3,400 per week and using the guideline for $3,400 per week, Ms. Walsh should have been paying Mr. Walsh $641 per week. If Mr. Walsh had the only income at $33,000 he would have paid $215 week. If Ms. Walsh had the only income at $145,000 she would have paid $597 to Mr. Walsh.
In the second half of 2016 when there was 1 child being supported, defendant made $33,000 and Ms. Walsh made $144,000. The combined weekly income was $3,400 per week and using the guideline for $3,400 per week, Ms. Walsh should have been paying Mr. Walsh $435 per week.
Customer: replied 2 months ago.
Here is the entire doc
- I believe this tells the story,How do I complete the child support work sheet based on the numbers in the doc
Expert:  Michael Bradley replied 2 months ago.

Are you still defending this action as the one who is supposed to pay or are you looking to become the receiver of child support since she makes more money and it is a 50-50 split in time?

Customer: replied 2 months ago.
I am modifying, I am requesting that she now pay me child support based on the income disparity, and yes a fifty fifty split in time
Expert:  Michael Bradley replied 2 months ago.

Based on what you have presented me, then you should absolutely not be responsible to pay as she makes well more than you do, even in your best years. Although I think your argument asking for a credit for the college money that you paid may not be accepted by the court, it is grounded in logic and common sense and is certainly worth arguing.

Customer: replied 2 months ago.
Agreed, I Argued this on 7/3
My question surrounds completing the child support work sheet supplied.
Expert:  Michael Bradley replied 2 months ago.

Are you having trouble filling in the form itself, the numbers themselves, it may make sense to send me a copy of the form you are filling out and what numbers you are having trouble with? I apologize if you have already done this but I am having a little bit of difficulty figuring out your current numbers.

Customer: replied 2 months ago.
I wish to complete the worksheet
Expert:  Michael Bradley replied 2 months ago.

do you have a copy of the worksheet you are working on?

Expert:  Michael Bradley replied 2 months ago.

have you filled out any of it?

Customer: replied 2 months ago.
The form is designed for one parent to be custodial/ that is not our scenarioDid you read the form?
Customer: replied 2 months ago.
I need an expert on the forms is there a particular way to complete this form
Expert:  Michael Bradley replied 2 months ago.

The problem is that Connecticut is very difficult when trying to calculate child support when there is a genuine split custody arrangement. Further, the definition of shared physical custody is somewhat cloudy. When filling out those forms I would fill them out once with you as the plaintiff and the one receiving child support and her the one paying child support since she makes so much more money than you do. However, I would be prepared for her to pay a reduced amount since it is a 50-50 scenario. As you are on this site, it is my assumption that you do not have the funds to retain an attorney which of course would certainly help, however not impossible. From all the research that I have done, I do not see a scenario where it is shared custody and the person making less money is obligated to pay. You just need to make sure that it is a true 50-50 split

The 2005 child support Guidelines defined “shared physical custody” as “a situation in which each parent exercises physical care and control of the child for periods substantially in excess of a normal visitation schedule. An equal sharing of physical care and control of the child is not required for a finding of shared physical custody.” This was a very fact-specific test. Under this definition it was conceivable that, for example, a 30/70 split of parenting time could be considered shared custody, depending on the specific circumstances.

The 2015 Guidelines amended the definition of shared physical custody to provide that “the physical residence of the child is shared when the child has substantially equal time and contact with each parent.” So, “shared physical custody” is now a term which is reserved for approximate 50/50 situations.

With respect to child support, the new Guidelines indicate that “the presumptive support amount is the amount that the parent with the higher income would pay to the other parent. Shared physical custody can be grounds for deviating, as under prior guidelines.”

Without additional findings, then, a 50/50 split of parenting time does not reduce the child support at all.

However, the Guidelines allow for a deviation (either by agreement, or by court order after a contested hearing): i-) if the shared custody arrangement substantially reduces child-related expenses for the parent with the lower net weekly income; ii-) if the shared custody arrangement substantially increases child-related expenses for the parent with the higher net weekly income; or iii-) if both parents have substantially equal income.