| Mass. instituted some "guidelines" a couple of years ago which takes
some of the latitude away from judges giving child support. I'm not
sure if they are still in effect, but basically they give recommended
percentages of income that should be allocated for child support
regardless of any other circumstances, like income. Is it really fair
to take x% of a guy making $25K for child support, and the same x% of
the guy making $150K? Fortunately they didn't apply for modifications
to existing decrees (much to the dismay of my ex) and the last time I
saw a judge he said he was glad to be able to use common sense instead
of restrictive guidelines.
Evidently they have to use them unless they can show some solid reason
not to and many jusdges take the easy way out. Laws like this,
designed with good intentions to ensure that custodial parents get
reasonable support, but only half thought out and restrictive, make it
hard to be a non-custodial parent.
BTW, these percentages are not low. I think it was something like 32%
of gross that they looked for in the case of one child. Doesn't leave
much to live on if you are middle income. Check it out to see if it is
still in force and what the percentages are. Could be interesting for
you.
ciao,
- Steve
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| re .1
You are absolutely correct. The child support "guidlines" were
instituted back in 1986 for the reasons you stated. They were modestly
ammended in 1989 but the formula is still the same. The original intent
was to give the coart a way to manage the support issue between two
"hostile" parties. If during a divorce the parents can't agree the
judge uses the formula. The judge also uses the guidlines as a target
amount so the custodial parent receives an "adequate" support settlement.
The formula will allow a reduction or increase in support in regards to
health insurance, extraordinary travel for visitation and if their is a
significant difference between the parents individual incomes. Sounds
wonderful on the surface but the content of the guidlines and how the
formula works is not fair.
There was a child support panel convened back in the mid 80's. The
members of this panel were from DSS, Welfare, the bar, the Judicial
System and some other government agencies. There was no representation
of NCP's. Thus a document was created that financialy rapes NCP's "in
the best interest of children". I've studied this guidline document
until my eyes turned red. Every time i read it it makes my blood boil!
In my own case the "system" deems my financial obligation for one 7
year old daughter to be around $250/week. "THIS IS OUTRAGEOUS!!!"
As i explain my fate to my freinds and aquaintances i get the same
response. "You've gotta be kidding me!". It seems the only people who
feel this formula is fair is this panel that created this mess.
The way this is played out in real life is simply a tragedy. In almost
all cases the mother gets the kids. Even if the father shows to be more
able to provide for them. The courts just shift 1/3 of the fathers
income to the mother and hopes she'll spend it wisely. There's no
meaningful accounting of the funds and the custodial parent can forever
file for modifications to try and soak as much out of the NCP that the
"judge of the day" feels appropriate. If this judge is having a bad day
you end up with a miserable life.
I haven't even begun to explain all the injustice being dished out.
With garnishment becoming mandatory you have to deal with the DOR to
staighten out any errors or false claims of arrears. All it takes is
the CP to complain and arrears is automatic until you prove you've been
paying. WHAT A MESS!!!
Gotta get back to work but i'll continue my litany later.
dan d
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| Dan,
Can I get a copy of that report you mentioned? What is the name of it?
Can you send it to me?
BTW, there is a good chance that I'm going to be laid off. :-(
Writing this article is super important to me, why I don't know and I'm
not questioning. If get laid off, please keep this information coming.
My address is:
Karen Kennedy
P.O. Box 2794
Renton, WA 98056-2794
I've received lots of information for people who live in New England.
I know we have noters from other parts of the country and I'd like info
from you also. Another thing I would like is the names and addresses
of any NCP support groups, actions groups or lobbyists you might have.
Either post them here or send me mail please!
I really appreciate all of the responses so far.
Thanks!
Karen
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