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I have a child support consultation tomorrow with an attorney.

Customer Question
My childs father just found...
I have a child support consultation tomorrow with an attorney. My childs father just found out about it, he is a professional athlete and supports his whole adult family and their families. He said he can he avoid having his finances audited so the courts aren't able to see how much money he spends supporting other adults by putting himself on child support? Is this true?
Submitted: 8 years ago.Category: Legal
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6/16/2010
Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,857
Experience: 30 years in civil, probate, real estate, elder law
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Thanks for your question.No your lawyer here will seek financial discovery and sanctions if he fails to produce such information.You depend on lawyer here to locate his true income here and use it to seek fair level of support.His children get preference here over other lesser relatives.Your lawyer can get you fair amount of support here and insurance.He is trying to intimidate you here--don't let him do so.File for support here and financial information.Now is the time to maximize support--sports careers can be real brief.
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,857
Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 8 years ago
Thanks, XXXXX XXXXX begin the process tomorrow with my attorney, will he be able to place himself on child support sooner without an attorney? I feel like now it's a race--- would it be to his advantage to place himself on child support so he can pay a lesser amount? Will the judge review the amount of money that gets wasted on silly things like cars and other materialistic items? He spends a ridiculous amount of money on non-tangible items, but doesn't want to contribute to our 1 year olds college fund because he says she is too young. Noone in his family has a college education so they don't value education. Will the judge allow money for her college fund in the child support amount?
Customer reply replied 8 years ago
Thanks, XXXXX XXXXX begin the process tomorrow with my attorney, will he be able to plave himself on child support sooner without and attorney? I feel like its a race----would it be to his advantage to place himself on child support so he can pay a lesser amount? Will the judge review the amount of money that gets wasted on silly things like cars and other material items? He spends a ridiculous amount of money on non-tangible items, but doesn't want to contribute to our 1 year old college fund because he says she is too young. Noone in his family has a college education so they don't value education. Will the judge allow money for her college fund in the child support amount?
Lawyer: Ray, Lawyer replied 8 years ago
The judge looks at two things.Income and number of dependents and set it based on that.Nothing else comes before a child.
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Lawyer: Ray, Lawyer replied 8 years ago

Reference.

 

These links are provided for educational purposes only:

https://services.georgia.gov/dhr/cspp/do/public/SupportCalc

http://www.georgiacourts.org/csc/

This article will discuss only the 2006 version of the law unless otherwise specified.

The new child support law takes the incomes of both parents into account in establishing child support. The child support obligation table provides the basic child support obligation based on the combined adjusted income of both parents and the number of children to be supported. The amount from this chart will be rebuttably presumed to be the appropriate amount of basic child support to be provided by both parents, prior to consideration of percentage of income, health insurance, work related child care costs, and deviations.

Beginning in 2007, child support will be calculated as follows, using the worksheets developed by the Child Support Commission:

Step 1 - determine the monthly gross income of both parents. (Gross income may include imputed income if applicable.)
Step 2 - adjust each parent's monthly gross income by deducting one-half of any self-employment taxes, any preexisting child support orders for current support for other children, and any theoretical child support orders approved by the court for other qualified children being supported (stepchildren are not qualified children).
Step 3 - add each parent's adjusted income together to determine the Combined Adjusted Income
Step 4 - Refer to the child support obligation table to locate the Basic Child Support Obligation
Step 5 - Calculate the pro rata share of the basic child support obligation for the custodial parent and the noncustodial parent by dividing the combined adjusted income into each parent's adjusted income to arrive at each parent's pro rata percentage of the basic child support obligation
Step 6 - calculate the Adjusted Child Support Obligation by adding the additional expenses of the cost of health insurance and work related child care costs, prorating such expenses in accordance with each parent's pro rata share of the obligation and adding such expenses to the pro rata share of the obligation.
Step 7 - determine the presumptive amount of child support for the custodial parent and the noncustodial parent by assigning or deducting credit for actual payments for health insurance and work related child care costs
Step 8 - If any deviations are approved by the Court, they would be subtracted from or added to the presumptive amount of child support.
Step 9 - Uninsured health care expenses will also be divided based on the pro rata responsibility of the parents unless the court determines otherwise.

The "presumptive amount of child support" means the basic child support obligation including health insurance and work related child care costs.

What is a "deviation"? An increase or decrease from the presumptive amount of child support if the Court makes findings of fact that justify a change from the presumptive amount. Deviations can be based on items such as high income, low income, travel expenses, alimony, mortgage, extraordinary expenses, special expenses incurred for the child, and parenting time.

The "final child support order" is the presumptive amount of child support adjusted by any deviations.

How is "adjusted income" determined for child support purposes? Deduct from that parent's gross income one-half of any self-employment taxes being paid by the parent, and any preexisting child support order being paid by the parent for current child support (for the child of a different parent), and any theoretical child support order for other qualified children (if allowed by the Court). "Combined Adjusted Income" means the amount of adjusted income of both parents added together.

Who is the "custodial parent"? The parent with whom the child resides more than 50 percent of the time. If each parent spends exactly 50% of the time with the child, then the court designates the parent with the lesser child support obligation as the custodial parent.

What is a "parenting time adjustment"? An adjustment to the noncustodial parent's portion of the basic child support obligation based on his or her Court-ordered visitation with the child.

What is the "percentage of income" and how is it used? The percentage of income for each parent is obtained by dividing each parent's adjusted gross income by the combined total of both parents' adjusted gross income. The percentage of income is used to determine each parent's pro rata share of the basic child support obligation and each parent's share of the amount of additional expense for health insurance and work related child care, as well as the amount of uninsured medical expenses that each parent must pay.

What is "split parenting"? When there are two or more children of the same parents, and one parent is custodial parent for one child and the other parent is custodial parent for the other child or children. No child will have more than one custodial parent. In a split parenting case, there is a separate calculation for child support for each child.

What if a parent's other child or children are not under a preexisting child support order? The court can determine a "theoretical support order" as if an order existed for the child support in order to permit a credit for the support of that other child or children.

What are "work related child care costs"? Expenses for the care of the child which are due to employment of either parent. In an appropriate case, the court may consider child care costs associated with a parent's job search or training or education of a parent necessary to obtain a job or enhance earning potential (not to exceed a reasonable time as determined by the court, if the parent proves that the job search, training, or education will benefit the child being supported.) Work related child care costs are projected for the next 12 months and averaged to obtain a monthly amount.

Can the amount of support indicated by the guidelines be increased? Yes, according to the best interest of the child and the circumstances of the parties, and considering grounds for deviation set forth in the law. The state policy is to afford to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means.

The Court will make a written finding of the gross income of the father and the mother as part of its order. The Court will also determine whether health insurance for the child is reasonably available at a reasonable cost to either parent, and the Court may order that the child be covered under such insurance.

If the Court finds that one or more of the reasons for deviating from the presumptive amount of child support applies, the court will specify in its order the reasons the court deviated from the presumptive amount of child support and how the best interest of the child will be served by deviation.

May the parties enter into an agreement for child support which is different from

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 8 years ago

Reference.

 

These links are provided for educational purposes only:

https://services.georgia.gov/dhr/cspp/do/public/SupportCalc

http://www.georgiacourts.org/csc/

This article will discuss only the 2006 version of the law unless otherwise specified.

The new child support law takes the incomes of both parents into account in establishing child support. The child support obligation table provides the basic child support obligation based on the combined adjusted income of both parents and the number of children to be supported. The amount from this chart will be rebuttably presumed to be the appropriate amount of basic child support to be provided by both parents, prior to consideration of percentage of income, health insurance, work related child care costs, and deviations.

Beginning in 2007, child support will be calculated as follows, using the worksheets developed by the Child Support Commission:

Step 1 - determine the monthly gross income of both parents. (Gross income may include imputed income if applicable.)
Step 2 - adjust each parent's monthly gross income by deducting one-half of any self-employment taxes, any preexisting child support orders for current support for other children, and any theoretical child support orders approved by the court for other qualified children being supported (stepchildren are not qualified children).
Step 3 - add each parent's adjusted income together to determine the Combined Adjusted Income
Step 4 - Refer to the child support obligation table to locate the Basic Child Support Obligation
Step 5 - Calculate the pro rata share of the basic child support obligation for the custodial parent and the noncustodial parent by dividing the combined adjusted income into each parent's adjusted income to arrive at each parent's pro rata percentage of the basic child support obligation
Step 6 - calculate the Adjusted Child Support Obligation by adding the additional expenses of the cost of health insurance and work related child care costs, prorating such expenses in accordance with each parent's pro rata share of the obligation and adding such expenses to the pro rata share of the obligation.
Step 7 - determine the presumptive amount of child support for the custodial parent and the noncustodial parent by assigning or deducting credit for actual payments for health insurance and work related child care costs
Step 8 - If any deviations are approved by the Court, they would be subtracted from or added to the presumptive amount of child support.
Step 9 - Uninsured health care expenses will also be divided based on the pro rata responsibility of the parents unless the court determines otherwise.

The "presumptive amount of child support" means the basic child support obligation including health insurance and work related child care costs.

What is a "deviation"? An increase or decrease from the presumptive amount of child support if the Court makes findings of fact that justify a change from the presumptive amount. Deviations can be based on items such as high income, low income, travel expenses, alimony, mortgage, extraordinary expenses, special expenses incurred for the child, and parenting time.

The "final child support order" is the presumptive amount of child support adjusted by any deviations.

How is "adjusted income" determined for child support purposes? Deduct from that parent's gross income one-half of any self-employment taxes being paid by the parent, and any preexisting child support order being paid by the parent for current child support (for the child of a different parent), and any theoretical child support order for other qualified children (if allowed by the Court). "Combined Adjusted Income" means the amount of adjusted income of both parents added together.

Who is the "custodial parent"? The parent with whom the child resides more than 50 percent of the time. If each parent spends exactly 50% of the time with the child, then the court designates the parent with the lesser child support obligation as the custodial parent.

What is a "parenting time adjustment"? An adjustment to the noncustodial parent's portion of the basic child support obligation based on his or her Court-ordered visitation with the child.

What is the "percentage of income" and how is it used? The percentage of income for each parent is obtained by dividing each parent's adjusted gross income by the combined total of both parents' adjusted gross income. The percentage of income is used to determine each parent's pro rata share of the basic child support obligation and each parent's share of the amount of additional expense for health insurance and work related child care, as well as the amount of uninsured medical expenses that each parent must pay.

What is "split parenting"? When there are two or more children of the same parents, and one parent is custodial parent for one child and the other parent is custodial parent for the other child or children. No child will have more than one custodial parent. In a split parenting case, there is a separate calculation for child support for each child.

What if a parent's other child or children are not under a preexisting child support order? The court can determine a "theoretical support order" as if an order existed for the child support in order to permit a credit for the support of that other child or children.

What are "work related child care costs"? Expenses for the care of the child which are due to employment of either parent. In an appropriate case, the court may consider child care costs associated with a parent's job search or training or education of a parent necessary to obtain a job or enhance earning potential (not to exceed a reasonable time as determined by the court, if the parent proves that the job search, training, or education will benefit the child being supported.) Work related child care costs are projected for the next 12 months and averaged to obtain a monthly amount.

Can the amount of support indicated by the guidelines be increased? Yes, according to the best interest of the child and the circumstances of the parties, and considering grounds for deviation set forth in the law. The state policy is to afford to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means.

The Court will make a written finding of the gross income of the father and the mother as part of its order. The Court will also determine whether health insurance for the child is reasonably available at a reasonable cost to either parent, and the Court may order that the child be covered under such insurance.

If the Court finds that one or more of the reasons for deviating from the presumptive amount of child support applies, the court will specify in its order the reasons the court deviated from the presumptive amount of child support and how the best interest of the child will be served by deviation.

May the parties enter into an agreement for child support which is different from

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 8 years ago

Reference.

 

These links are provided for educational purposes only:

https://services.georgia.gov/dhr/cspp/do/public/SupportCalc

http://www.georgiacourts.org/csc/

This article will discuss only the 2006 version of the law unless otherwise specified.

The new child support law takes the incomes of both parents into account in establishing child support. The child support obligation table provides the basic child support obligation based on the combined adjusted income of both parents and the number of children to be supported. The amount from this chart will be rebuttably presumed to be the appropriate amount of basic child support to be provided by both parents, prior to consideration of percentage of income, health insurance, work related child care costs, and deviations.

Beginning in 2007, child support will be calculated as follows, using the worksheets developed by the Child Support Commission:

Step 1 - determine the monthly gross income of both parents. (Gross income may include imputed income if applicable.)
Step 2 - adjust each parent's monthly gross income by deducting one-half of any self-employment taxes, any preexisting child support orders for current support for other children, and any theoretical child support orders approved by the court for other qualified children being supported (stepchildren are not qualified children).
Step 3 - add each parent's adjusted income together to determine the Combined Adjusted Income
Step 4 - Refer to the child support obligation table to locate the Basic Child Support Obligation
Step 5 - Calculate the pro rata share of the basic child support obligation for the custodial parent and the noncustodial parent by dividing the combined adjusted income into each parent's adjusted income to arrive at each parent's pro rata percentage of the basic child support obligation
Step 6 - calculate the Adjusted Child Support Obligation by adding the additional expenses of the cost of health insurance and work related child care costs, prorating such expenses in accordance with each parent's pro rata share of the obligation and adding such expenses to the pro rata share of the obligation.
Step 7 - determine the presumptive amount of child support for the custodial parent and the noncustodial parent by assigning or deducting credit for actual payments for health insurance and work related child care costs
Step 8 - If any deviations are approved by the Court, they would be subtracted from or added to the presumptive amount of child support.
Step 9 - Uninsured health care expenses will also be divided based on the pro rata responsibility of the parents unless the court determines otherwise.

The "presumptive amount of child support" means the basic child support obligation including health insurance and work related child care costs.

What is a "deviation"? An increase or decrease from the presumptive amount of child support if the Court makes findings of fact that justify a change from the presumptive amount. Deviations can be based on items such as high income, low income, travel expenses, alimony, mortgage, extraordinary expenses, special expenses incurred for the child, and parenting time.

The "final child support order" is the presumptive amount of child support adjusted by any deviations.

How is "adjusted income" determined for child support purposes? Deduct from that parent's gross income one-half of any self-employment taxes being paid by the parent, and any preexisting child support order being paid by the parent for current child support (for the child of a different parent), and any theoretical child support order for other qualified children (if allowed by the Court). "Combined Adjusted Income" means the amount of adjusted income of both parents added together.

Who is the "custodial parent"? The parent with whom the child resides more than 50 percent of the time. If each parent spends exactly 50% of the time with the child, then the court designates the parent with the lesser child support obligation as the custodial parent.

What is a "parenting time adjustment"? An adjustment to the noncustodial parent's portion of the basic child support obligation based on his or her Court-ordered visitation with the child.

What is the "percentage of income" and how is it used? The percentage of income for each parent is obtained by dividing each parent's adjusted gross income by the combined total of both parents' adjusted gross income. The percentage of income is used to determine each parent's pro rata share of the basic child support obligation and each parent's share of the amount of additional expense for health insurance and work related child care, as well as the amount of uninsured medical expenses that each parent must pay.

What is "split parenting"? When there are two or more children of the same parents, and one parent is custodial parent for one child and the other parent is custodial parent for the other child or children. No child will have more than one custodial parent. In a split parenting case, there is a separate calculation for child support for each child.

What if a parent's other child or children are not under a preexisting child support order? The court can determine a "theoretical support order" as if an order existed for the child support in order to permit a credit for the support of that other child or children.

What are "work related child care costs"? Expenses for the care of the child which are due to employment of either parent. In an appropriate case, the court may consider child care costs associated with a parent's job search or training or education of a parent necessary to obtain a job or enhance earning potential (not to exceed a reasonable time as determined by the court, if the parent proves that the job search, training, or education will benefit the child being supported.) Work related child care costs are projected for the next 12 months and averaged to obtain a monthly amount.

Can the amount of support indicated by the guidelines be increased? Yes, according to the best interest of the child and the circumstances of the parties, and considering grounds for deviation set forth in the law. The state policy is to afford to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means.

The Court will make a written finding of the gross income of the father and the mother as part of its order. The Court will also determine whether health insurance for the child is reasonably available at a reasonable cost to either parent, and the Court may order that the child be covered under such insurance.

If the Court finds that one or more of the reasons for deviating from the presumptive amount of child support applies, the court will specify in its order the reasons the court deviated from the presumptive amount of child support and how the best interest of the child will be served by deviation.

May the parties enter into an agreement for child support which is different from

Ask Your Own Legal Question
Customer reply replied 8 years ago
Thanks so much!Smiletitle="Smile" width="18" height="18"/>
Lawyer: Ray, Lawyer replied 8 years ago
You're welcome and good luck..
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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