How does the CS calculator work?
Hi all,
So we are working on the CS calculator on the state of California's website just to get an idea of what we are looking at for Monday's court date. CA uses the Dissomaster - but its so variable. Does anyone have an idea how the following factors are used in the calculator?
1. Tax Year - DH is self employed so we provided profit and loss statements for five years, from 2006 to 2010. The last time he actually filed his taxes is 2008 (jointly with BM). In 2009 and 2010, he will be filing (in the next two weeks after tax guy reviews the returns) single and she files head of household. For 2011, he and I will file married separate - we provided income info for 2011, but obviously haven't done taxes yet. What year will the judge use?
2. Medical Benefits - I provide the Skids, DH, and myself with medical, dental, and vision insurance. Since it is me, DD2, and DH even without Skids, we have to pay for a family plan ($300 a month). Including the Skids is free since we already have the family plan. However, BM ALSO provides medical, dental, and vision insurance at a cost of $638 per month. She makes $1510 to $1610 a month and has been telling the Skids that they are losing their house, she is going on welfare, etc. Without the Skids, medical for just her would cost about $200 a month. We pointed this out in our response, but BM responded that our medical is not from DH's job (so what, we are married)inconvenient and unused (not true). If DH and I got divorced or lost the insurance in any way, that would be a qualifying event to get them put back on her insurance. Frankly, I think its a control issue. Any input on what the judge will do here? BM's payment of additional funds for extra medical insurance really lowers her income.
3. Guardianship - BM has sole guardianship of her nephew. She gets $338 a month from the state for his expenses. She tried to list this money as his and checked the box stating that it was not contributed to household expenses. When we responded by stating that the money went directly to her for her use and was not saved or spent by the nephew, she changed it, but did not list it as part of her income. I know its not much, but it makes a big difference in the calculator since she chooses to work so little.
4. Hardship - She is claiming her nephew as a hardship child. Is that allowed? He isn't from another relationship - she chose to become his sole guardian and is receiving state aid for him.
Thanks all!!
How many skids do you
How many skids do you have?
It sounds like the judge will use the last tax return 2010, if it's' been filed. But being self-employed could work for you (more likely) or against you. You are able to claim many deductions as business related and possibly bring your income down to $0 or having taken a loss. If that's the case, then they will look at other factors too.
When did BM take guardianship of her nephew and how old is he? Sounds like he is younger than 10 as $338 is not much to provide for a child. If she is the guardian and getting state money than he qualifies for state assistance such as reduced meals at school and state health care. Usually this would qualify him as "hardship" as he needs the state's assistance. That being said, it depends on your state as to when she took guardianship of him. Was is BEFORE she had kids or AFTER. If it was before than they would take his care into consideration. If it was after, they normally wouldn't.
What is your DH's actual income? Depending on how many kids he has, if BM is making $1610 a month, hmmm. That sounds like minimum wage, she may actually be close to or below the poverty level if she has 2 kids or more. CS may bring her over that but a lot of states like the 2 household incomes to be similar. The state does not want one household to be making, say $80,000/yr while the other one is on food stamps. They will even it out and unless you want your income to be taken into consideration, I wouldn't ask for the medical to be provided by your job for your skids. DH's kids are HIS financial responsibility and not yours. YOUR medical benefits are not HIS, so essentially, YOU would be providing the medical for the kids.
I'm not sure if I said it the right way. I guess I'm trying to say, beware. Perhaps you want to consult and attorney. From what I've heard in the states we live(d) in, you can't have it both ways. You either add your income and benefits to the mix or you keep them completely, and I mean completely separate.