Do I accept? Do I press harder?

[AlonelyOne]

We had the preliminary support hearing (pedente lite ? ). The result was "ok"... .and is survivable. She has not been working full time, so I was endeavoring to have her earnings potential imputed.  I feel they imputed her earnings at about $10,000-$15,000 less than she would earn working full time.

Furthermore, I have an extremely long commute. The costs of which are around $4K-$5K/year of my net income just in fuel. (Not factoring financing, maintenance, etc.)

While the result wasn't horrible. I have to pay her $600/month, but she is going to pay a $300/bill. Net payment approx. $300.

I feel that if her income were imputed correctly and if the commuting costs were factored. That the end result would be close to zero Net dollars for support. 

Now, it is easy to be hit with the, it's not bad. You're supporting your children, etc. And part of me caves to that guilt.  The other part of me says, I'd rather have that $300/month to support my children in my own home. (Especially as I was left paying all the credit card debts and she too all of the savings.) That part wants me to press during the divorce to have her imputed income raised, and an adjustment on my behalf due to the high commuting costs.  (If I did not commute that distance, my earnings would be significantly less.)

Am I barking up the wrong tree? Should I just accept? Or am I merely fighting for a more equitable arrangement?

[ForeverDad]

When I filed for divorce my ex wasn't working at the bank any more.  She was imputed at minimum wage, actually not much less then her income years before.  I had to pay nearly $700 due to the 'disparity' in incomes and being defaulted to the standard alternate weekend dad.

Years later when I got custody but GAL wanted me to get no more than 50% parenting schedule so ex could get her child support and supposedly behave better (GAL's magical hopes).  She was again imputed with minimum wage, my income hadn't changed much at all and this time the calculator came out with well over $700, yet I had equal time.  I can't figure that out.

This last time I got majority time during the school year, so magistrate stopped child support.  She stated she didn't have any financials and so declined to set an amount for my ex to pay.  I thought, why not do imputed earnings again like they did before?  My conclusion was that they will go along with imputing if it favors the mother but won't make a mother pay unless they have to?

Child support is different from state to state so I don't know if what you pay is normal or not.  My impression is that it's not all that bad?  Sadly, when you enter family court you check your hat and expectation of fairness at the door, but fathers are expected to open their wallets.

[AlonelyOne]

So it seems... .

*sighs*

[scraps66]

As someone who has spent too much time in domestic relations "correcting" mistakes that resulted in more mistakes, more legla fees, I'd recommend just leaving it for now.  You can go back later and try to change it back.  My latest case in point.  Back in une I went to support court to corret support.  Ex had another new job and we still had daycare expenses in the existing order back to September.  In the last five years I ahve alwasy had to take ex to court to even get her new pay information included in the support order.  At one point we had made two years worht of corrections and that order had numerous errors not in my favor not to mention the arrears that ahd racked up were then taken out of my tax return.  Ex is obligated by law to correct income when it changes.  In the end, my L screwed this one up, did not react int he timeframe for appeal, she got fired, but I was left with $4k in errors.  I had to let those go.  So, this latest correction I figured I would go in and it makes sense, I'd get the credit for the unused daycare expenses.  Nope.  Had to let those go too.  Master said when I asked why I wasn't getting the credit, "I can't do that," nothing more.  My L told me this master seems to resent men that come in front of him.  So, I had to let that go too, roughly $3500.  The amount of aggravation and stress that these errors cost me outweighs the value of the mistakes at this point.  If you're down to $300 a month, consider that the price of keeping her out of your hair (I know, maybe) and reducing aggravation.  Also, APL has a finite time duration I think?   

[momtara]

Money is just money.  Try to consider it a small price to pay.  It depends on how much you can live with the decision later.  If you really will be bothered, and you'll end up paying more court fees to get more later, then change it now.  But it seems like it's not the end of the world.

[AlonelyOne]

That's kind of what I thought... .just accept it. And if things change in a year or so, then I'll point out the additional earnings potential /  commuting costs.  And try to use that to debuffer any increases.