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Single Parents
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WWYD? re: CS (long)
STBXH is disagreeing with the amount of CS he should pay. When we submitted our financial records and the amounts were calculated, it came to $398 per month based on the income he submitted (LO's expenses do not go into the calculation at all unfortunately). Now that he's unemployed (and choosing to stay unemployed so he can get the amount lowered in the decree) he says he can't pay that much, but would agree to pay $350 per month instead.
Other pertinent facts:
**I have offered to do half the transportation of B even though he chose to move away, which means an additional 420 miles per month. (you do the math on the cost of THAT gas and depreciation on my SUV)
**When he does get a job, it will most likely be cash under the table, so who knows if I'll ever be able to prove that the amount should go up or that he even has a job.
**He can somehow afford 30 packs of cigs a month plus the data plan on his iPhone among other things.
**If I don't agree to lower it, he threatens to take the whole thing to trial so he can get half my 401K (it would be about $15K before taxes/penalties) and I know he'd get it.
I should just suck it up and take the $350 right? I know $48 a month isn't much, but it is almost $600 a year and over time, it would add up. It's almost one more day of daycare per month (daycare is $54 a day...) or an entire tank of gas. I'm sure I would feel differently if I was rolling in the dough on my own, but alas...I'm pinching pennies to the MAX and then some.
I would fight it but don't want to lose my 401K - that's really my only exposure and he knows it.
WWYD? Take the $350 and shut up? Work the wording so I do less transportation and in turn save the gas money? Start playing the lottery so I don't have to worry about all this? 
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This discussion has been closed.
Re: WWYD? re: CS (long)
https://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html
Care must be taken to distinguish Social Security from Supplemental Security Income (SSI) benefits. Social Security benefits are income pursuant to subdivision (a) of this rule.
(c) Monthly Net Income.
(1) Unless otherwise provided in these Rules, the court shall deduct only the following items from monthly gross income to arrive at net income:
(A) federal, state, and local income taxes;
(B) F.I.C.A. payments (Social Security, Medicare and Self-Employment taxes) and non-voluntary retirement payments;
(C) union dues; and
(D) alimony paid to the other party.
(2) In computing a spousal support or alimony pendente lite obligation, the court shall deduct from the obligor?s monthly net income all of his or her child support obligations and any amounts of spousal support, alimony pendente lite or alimony being paid to former spouses.
(d) Reduced or Fluctuating Income.
(1) Voluntary Reduction of Income. When either party voluntarily assumes a lower paying job, quits a job, leaves employment, changes occupations or changes employment status to pursue an education, or is fired for cause, there generally will be no effect on the support obligation.
(2) Involuntary Reduction of, and Fluctuations in, Income. No adjustments in support payments will be made for normal fluctuations in earnings. However, appropriate adjustments will be made for substantial continuing involuntary decreases in income, including but not limited to the result of illness, lay-off, termination, job elimination or some other employment situation over which the party has no control unless the trier of fact finds that such a reduction in income was willfully undertaken in an attempt to avoid or reduce the support obligation.
(3) Seasonal Employees. Support orders for seasonal employees, such as construction workers, shall ordinarily be based upon a yearly average.
(4) Earning Capacity. If the trier of fact determines that a party to a support action has willfully failed to obtain or maintain appropriate employment, the trier of fact may impute to that party an income equal to the party?s earning capacity. Age, education, training, health, work experience, earnings history and child care responsibilities are factors which shall be considered in determining earning capacity. In order for an earning capacity to be assessed, the trier of fact must state the reasons for the assessment in writing or on the record. Generally, the trier of fact should not impute an earning capacity that is greater than the amount the party would earn from one full-time position. Determination of what constitutes a reasonable work regimen depends upon all relevant circumstances including the choice of jobs available within a particular occupation, working hours, working conditions and whether a party has exerted substantial good faith efforts to find employment.
These are PA laws that are based on the Federal Support Guidelines. Check to see if your State has a similar provision. EVERY DEADBEAT tries this only to prove that they DON'T know the system and they can't get around it.
You're a smart lady I'm sure you would be able to search for a law like this in your state.