GA: Child support changes stir passions

http://www.ajc.com/metro/content/met...6legchild.html


Child support changes stir passions
Many fathers expect to pay less; many mothers outraged

By CRAIG SCHNEIDER
The Atlanta Journal-Constitution
Published on: 03/16/06
Alison and Zachary Holladay divorced more than three years ago, but the
tension between them these days is crackling like two crossed wires.

The Holladays, who live in separate houses in Roswell and have three
children, are at odds over his child support payments because of a law that
goes into effect July 1.

The new system of calculating child support could reduce the payments for
many noncustodial parents, most of whom are men. The law mandates that child
support be calculated based on the incomes of both parents, unlike the
existing system that focuses mainly on the income of the parent who does not
have custody.

Zachary, a manager for a high- tech company, plans to petition the court to
reduce his payments, since he believes his child support order of $2,800 a
month is more than his ex-wife needs, or spends, on the children.

Alison, who has custody of the children, says the changes will unfairly
reduce her support and will force her to sell her home and cut into the
children's lifestyle.

Both are readying for a fight.

Even though the law doesn't take effect for more than three months,
estranged couples are already crunching numbers and contacting lawyers to
figure out the effect on them, said Stephen Steele, a family law attorney in
Marietta and chairman of the family law section of the State Bar of Georgia.

Randy Kessler, an Atlanta family law attorney, said about 25 mothers and
fathers have called him this year about the prospective changes. Some have
hired him, and a half-dozen already have filed court papers requesting a
reduction.

"The fuses are being lit," Kessler said.

The law passed last year established the new method of calculating child
support and set the start date as July 1, 2006. It also included a
"parenting time" adjustment that would give the noncustodial parent a
reduction on child support if the parent spends a certain amount of time
with the children.

This year, the Legislature is revisiting the law, debating some specifics
and adding an economic table that estimates the basic costs of raising a
child. Senate Bill 382 passed the Senate in February and now awaits House
approval.

Because most of the new child support guidelines passed last year, a new
system, in some form, is expected to start in July.

While some attorneys expect fathers to rush to the courthouse requesting
child support reduction, opinions differ as to whether that will occur.

Some Georgia court officials say they expect an increase in requests to
modify child support awards, but they don't know how much of an increase.

Some lawyers are sending out letters to clients alerting them to the
changes.

"We think it's going to open the floodgates," said Atlanta attorney Jonathan
Levine. "We think the fathers will come in waves."

Many mothers will fight

The guidelines represent the biggest change in calculating child support in
years, experts say. The current law, which focuses on the income of the
noncustodial parent, often awards about 20 percent of that parent's income
for a child.

Noncustodial parents with upper-middle incomes and above will be the most
affected. Lower-income parents might see slight increases in their payments.
About 85 percent of custodial parents are women, according to the U.S.
Census.

The new law will not automatically change existing child support agreements.
A parent first must go to court or press their former spouse to agree to a
change.

Some who believe they are paying too much intend to seek lower payments.

"I'm looking ahead. I've looked at the numbers," said Barry Harrington, a
software writer in Canton. He has crunched his own numbers and is shooting
for a reduction of up to 25 percent, or $800 a month.

Meanwhile parents with custody, most of them mothers, are preparing to
defend their spending in court by keeping better records, filing away bills
for groceries and summer camp, attorneys say.

Steele, the Marietta attorney, said he is cautioning some noncustodial
fathers that they may not receive the break they hoped for. That's because
the formula includes the costs of child care and health insurance, which can
result in an increase, he said.

Some support could go up

For low-income parents, the bill says a judge may adjust a child support
agreement so the parent can afford to pay it and still be self-supporting.
But the monthly child support amount cannot drop below $75.

For people with a combined income of more than $30,000 a month, the judge
also may increase the amount of support.

The bill contains a table that would be used to calculate child support
payments. The table, which takes up 18 pages in the bill, matches the two
parents' combined monthly income against the costs of providing children
with the basic needs of shelter, food and clothing.

SB 382 also includes a provision that would give noncustodial parents a
reduction on their payments if they spend at least 121 days a year with
their children.

In some instances, the prospective changes already have influenced the
outcome of child support fights, attorneys say. In some cases, the mothers
and fathers had anticipated the law's effect and crafted agreements so they
wouldn't have to come back to court three months later.

Brian Ellis said the prospect of the new law gave him the leverage to
renegotiate.

Ellis, a business technology consultant from Roswell, hired a lawyer and
persuaded his former wife to reduce his child support by about $1,000 a
month, or about 25 percent.

"The new law is a tool, not a weapon," said Ellis, 40.

He believes the new system is more structured and specific than the old one,
and may spark fewer arguments between former spouses.

His ex-wife, Elan Knecht, disagrees. She said the child support she had been
receiving for their two children was fair, and that the children's lifestyle
will suffer because of the decrease.

"I am absolutely livid over his use of the new guidelines," she said. She
said she cut a deal with her former husband because she thought she might
fare worse if he pursued the matter further. "Fear is what made me settle."

Ellis spent about $17,000 in attorney costs to obtain the reduction, as well
as some other modifications in visitation. His ex-wife spent $15,000
fighting it.

The costs of pursuing a reduction can range from a few thousand dollars for
a simple case in which both parties agree to $25,000 for a complex,
contested case that goes to trial, attorneys say.

To change a child support agreement, a parent would have to qualify for a
change of at least 15 percent. The agreement would have to be approved by
the courts.

Rush may not materialize

More than 30 states have an "income shares" child support system. Most have
used it for many years.

Among the handful of states that have adopted the system in the past 20
years, none has seen a rush to the courthouse, said Laura Morgan, a Virginia
family law attorney who has helped states craft new guidelines.

Morgan, who also operates a Web site called supportguidelines.com, said many
parents don't foresee enough of a change under the new system to warrant
altering their existing agreement.

The measure has been largely supported by noncustodial fathers in groups
such as Georgians for Child Support Reform. Zachary Holladay has joined that
group and he expects to file for a reduction in his child support on "Day
One" of the new law.

He expects his child support to drop from about $2,800 a month to $1,500.

"The tables have turned," he said. "This is going to be a major equalizer."

A critical part of the new bill is the calculation table that figures the
cost of providing children with basic needs. That cost would be divided
between the parents based on their incomes.

The court would then factor in the costs of health care and day care and
could also consider the costs of activities such as dance lessons, football
camp and swimming instruction.

Many custodial parents, most of whom are mothers, say the old method was
fair, and that they are already contributing as much money as they can
toward taking care of their children.

"Financially, it's going to be devastating," said Alison Holladay.

She attended a seminar of a Marietta support group for women going through
divorce called Visions Anew, which is educating women on the upcoming law.
There, she plugged her numbers into a computer program that estimated her
new child support.

Holladay, an event planner who earns far less than her former husband, said
that when she saw her numbers, she was shocked. She expects his child
support may drop by about half, and he agrees.

"I was devastated for me," she said. "I was devastated for my children."

She said she would have to sell her home and cut back on her children's'
activities.

Zachary Holladay disagrees with his former wife on this point.

"Dusty" wrote

Child support changes stir passions
Many fathers expect to pay less; many mothers outraged

By CRAIG SCHNEIDER
The Atlanta Journal-Constitution
Published on: 03/16/06
.................................................. ..
Alison, who has custody of the children, says the changes will unfairly
reduce her support and will force her to sell her home and cut into the
children's lifestyle.
==
Geez, I wonder if the judge will tell her to get a second job if she can't
make ends meet. That's what they tell the
NCP dad. Those kids NEED that lifestyle.
==

"Gini" wrote in message
news:gp3Tf.333$1U1.320@trndny05...

"Dusty" wrote

Child support changes stir passions
Many fathers expect to pay less; many mothers outraged

By CRAIG SCHNEIDER
The Atlanta Journal-Constitution
Published on: 03/16/06
.................................................. .
Alison, who has custody of the children, says the changes will unfairly
reduce her support and will force her to sell her home and cut into the
children's lifestyle.
==
Geez, I wonder if the judge will tell her to get a second job if she can't
make ends meet. That's what they tell the
NCP dad. Those kids NEED that lifestyle.
==

Poor thing can't make it on $2800 tax free dollars + her salary per month!!
What on earth does she get for those children every month that could
possibly require $2800?

"Gini" wrote in message
news:gp3Tf.333$1U1.320@trndny05...

"Dusty" wrote

Child support changes stir passions
Many fathers expect to pay less; many mothers outraged

By CRAIG SCHNEIDER
The Atlanta Journal-Constitution
Published on: 03/16/06
.................................................. .
Alison, who has custody of the children, says the changes will unfairly
reduce her support and will force her to sell her home and cut into the
children's lifestyle.
==
Geez, I wonder if the judge will tell her to get a second job if she can't
make ends meet. That's what they tell the
NCP dad. Those kids NEED that lifestyle.
==

Ain't gonna happen.

What is really going on here is GA's previous CS award methodology was ruled
unconstitutional for several legal reasons and that ruling was upheld in the
appeals process. The GA legislature responded by adopting the income shares
model for GA CS awards. The net result is GA's CS awards are now going to
be similar to CS awards in over 30 states nationwide. The women quoted in
the article are ****ing and moaning because their CS cases are going to be
treated more like other CS cases across the country.

"teachrmama" wrote
................

Poor thing can't make it on $2800 tax free dollars + her salary per
month!! What on earth does she get for those children every month that
could possibly require $2800?
==
Well, when we were paying 1200 a month, that brought her net to 4100. mo and
she got
evicted and had her car repo-ed. Now, I hear she's living in a trailer in a
trailer park. She told
the kids we were living large at their expense and we had half her income
(and built our house, which
we thankfully, still have). Go figure.
==

"Gini" wrote in message
news:9y4Tf.1121$3t1.743@trndny08...

"teachrmama" wrote
...............

Poor thing can't make it on $2800 tax free dollars + her salary per
month!! What on earth does she get for those children every month that
could possibly require $2800?
==
Well, when we were paying 1200 a month, that brought her net to 4100. mo
and she got
evicted and had her car repo-ed. Now, I hear she's living in a trailer in
a trailer park. She told
the kids we were living large at their expense and we had half her income
(and built our house, which
we thankfully, still have). Go figure.
==

How on earth did she figure you got your hands on half her income? I
imagine the children have come torealize that her assessment of the
situation was inaccurate.

"teachrmama" wrote in message
...

"Gini" wrote in message
news:9y4Tf.1121$3t1.743@trndny08...

"teachrmama" wrote
...............

Poor thing can't make it on $2800 tax free dollars + her salary per
month!! What on earth does she get for those children every month that
could possibly require $2800?
==
Well, when we were paying 1200 a month, that brought her net to 4100. mo
and she got
evicted and had her car repo-ed. Now, I hear she's living in a trailer in
a trailer park. She told
the kids we were living large at their expense and we had half her income
(and built our house, which
we thankfully, still have). Go figure.
==

How on earth did she figure you got your hands on half her income?
===
No, no--Our income was half what her's was. Still, she told the kids we were
"spending too
much" of what she considered should be "their" money. The quote from the
letter
she had the girl write "Tell Gini she's spending too much of our money."
Yep--That's
what she said. Then she had her sign the letter "Daddy's Little Girl." That
was a gag
moment. She was ****ed we built a house and had two kids--she figured it cut
into her resources.
==
I
imagine the children have come torealize that her assessment of the
situation was inaccurate.
==
Yep--Neither of them spoke to her for about a year after they came to
realize how she was
using and manipulating them--and they didn't hear it from us. They figured
it out very quickly as soon as they each reached 18. The entire matter was
bizarre.
Fortunately, both kids are grown, educated and doing wonderfully. Go figure
that as well, eh?
==

"Gini" wrote in message
news:tO6Tf.1691$8G2.1210@trndny01...

"teachrmama" wrote in message
...

"Gini" wrote in message
news:9y4Tf.1121$3t1.743@trndny08...

"teachrmama" wrote
...............

Poor thing can't make it on $2800 tax free dollars + her salary per
month!! What on earth does she get for those children every month that
could possibly require $2800?
==
Well, when we were paying 1200 a month, that brought her net to 4100. mo
and she got
evicted and had her car repo-ed. Now, I hear she's living in a trailer
in a trailer park. She told
the kids we were living large at their expense and we had half her
income (and built our house, which
we thankfully, still have). Go figure.
==

How on earth did she figure you got your hands on half her income?
===
No, no--Our income was half what her's was. Still, she told the kids we
were "spending too
much" of what she considered should be "their" money. The quote from the
letter
she had the girl write "Tell Gini she's spending too much of our money."
Yep--That's
what she said. Then she had her sign the letter "Daddy's Little Girl."
That was a gag
moment. She was ****ed we built a house and had two kids--she figured it
cut into her resources.
==
I
imagine the children have come torealize that her assessment of the
situation was inaccurate.
==
Yep--Neither of them spoke to her for about a year after they came to
realize how she was
using and manipulating them--and they didn't hear it from us. They figured
it out very quickly as soon as they each reached 18. The entire matter was
bizarre.
Fortunately, both kids are grown, educated and doing wonderfully. Go
figure that as well, eh?
==

That really is a good thing--they deserve to grow up and have successful,
happy lives.

My husband's daughter sent a Christmas card this year with things like "I'm
the first baby" and "oldest sister" written in it. Like she is trying to
claim position. I have more than half an idea that it wasn't her idea--that
the social worker suggested it. The social worker also called and told my
husband that he needed to send the gifts early since they were all going to
visit the oldest girl (who is in the military). I think the social worker
should butt out--it seems that she is trying to establish some emotional
blackmail, which is fair to neither the girl or my husband. Getting to know
someone long distance is nearly impossible, and this woman is not helping
matters.

On Sat, 18 Mar 2006 18:20:15 -0500, "Dusty" wrote:

http://www.ajc.com/metro/content/met...6legchild.html



[snipped for brevity]

The bill contains a table that would be used to calculate child support
payments. The table, which takes up 18 pages in the bill, matches the two
parents' combined monthly income against the costs of providing children
with the basic needs of shelter, food and clothing.

SB 382 also includes a provision that would give noncustodial parents a
reduction on their payments if they spend at least 121 days a year with
their children.

[snipped for brevity]

A critical part of the new bill is the calculation table that figures the
cost of providing children with basic needs. That cost would be divided
between the parents based on their incomes.

The court would then factor in the costs of health care and day care and
could also consider the costs of activities such as dance lessons, football
camp and swimming instruction.

I agree that the CPs income should be a factor in determining child
support, so this change is good; however, it is still a far cry from
fair. I think "basic needs of shelter, food and clothing" is defined
badly if a table is necessary. I am of the opinion that BASIC needs
do not change in relation to income. The same loaf of bread at
Walmart costs the same to someone making $20K/yr or $90K/yr. A $20
pair of jeans covers a teenager's behind just as well as a $160 pair
of jeans. The government is setting a bad precedent by such improper
use of the term "basic needs."

I would also like to see how an attempt at spending more than 121 days
a year with the child will be viewed. This provision may only serve
to lessen NCP parental time with the child as CPs attempt to retain
the level of child support. The only way to circumvent the potential
problems would be if an attempt which was denied by the CP was
factored in.

Dance lessons, football camp and swimming instruction? No way! These
are not needs. They are discretionary expenses. Not even children in
intact homes are necessarily given these. They should NOT be factored
into child support.

You know, a woman with whom I work is recently divorced and she has
asked me how to deal with the non-payment of child support as her ex
doesn't always pay. My answer? Build a life for yourself and your
children which can be sustained without it. Sure, he has a
responsibility to contribute, but YOU are the one with the children
and YOU must make certain those children are cared for... with or
without his help. There is nothing more empowering for a woman than
to see her children thrive despite any situation with their father.
Beverly

On Sat, 18 Mar 2006 18:53:06 -0800, "teachrmama"
wrote:


"Gini" wrote in message
news:gp3Tf.333$1U1.320@trndny05...

"Dusty" wrote

Child support changes stir passions
Many fathers expect to pay less; many mothers outraged

By CRAIG SCHNEIDER
The Atlanta Journal-Constitution
Published on: 03/16/06
.................................................. .
Alison, who has custody of the children, says the changes will unfairly
reduce her support and will force her to sell her home and cut into the
children's lifestyle.
==
Geez, I wonder if the judge will tell her to get a second job if she can't
make ends meet. That's what they tell the
NCP dad. Those kids NEED that lifestyle.
==

Poor thing can't make it on $2800 tax free dollars + her salary per month!!
What on earth does she get for those children every month that could
possibly require $2800?

Her supply of crack.

A jury is 12 individuals who decides who has the best lawyer.
- Mark Twain