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Recalculating child support for first year pay?

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Skaff

Well-known member
Joined
Dec 8, 2004
Posts
318
I'll be hiring a lawyer when needed, but I want to educate myself a little from others experiences first. When I got divorced, my child support was calculated on my monthly average income. I'm hoping for a thumbs up from United this week, and if I am successful, I'll need to recalculate my child support to reflect first year pay. I'll have no income history from United, so will my child support be based on minimum hour monthly guarantee? Is that 70 hours at United? My ex's lawyer was a shark in the past, and I was just wondering what others in this situation have experienced.
 
My ex's lawyer wouldn't accept min guarantee pay on paper, contract or no contract. She required 3 pay stubs. She was aware of pilot pay and per diem etc. if you can get your ex to except the United contract min pay go for it. Just don't let them see the yearly increases section!
 
Obviously each State/Situation differs...That said:

- Do NOT show them a contract, pay scale, etc. It gives them too much ammo.

- Definitely, show them the first few pay stubs. Let them figure it out from there. Additionally, do not delay. Make sure you show them the FIRST few...When you are in training and there is nothing but min guarantee pay. Heck show them the first 4 weeks stubs... :)

- Only show the portion of the pay stub that indicates your gross and take home. Most States base pay on a percentage of Net pay. You have every right to max. out your 401k and to take advantage of Flex Health Plans etc.

- My State did not consider Per Diem. It was considered a necessary expense for living on the road. Try to keep it out of the equation.

- Also, see if you can avoid having wages garnished. Most courts don't want the additional responsibility of policing these agreements and/or resolving disputes. If so, always pay on time and in full. Live up to the commitment and it keeps everybody happy. ( And out of Court. Which generally, benefits you. )

Good Luck. I was relatively unscathed, but I have heard some real horror stories as laws vary and Judges are effed up from State to State.

YKW
 
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Thanks so much for the advice. I got raped in the past, trying to go into this one the best I can.
 
Here's another point to consider.

At United your first few months pay will be higher than the rest of your first year, so be careful with showing the first couple pay stubs. During training you're on 90 hour guarantee and 24/7 per diem. Once on line you will likely be on reserve at 73 hour guarantee and minimal per diem. Makes a difference.
 
Training pay is 3 hours a day for long term training so for a 30 day month it is 90 hours, days off are included in pay.
 
I would say it depends on what you were payed before going to Yonited and what you will be payed at Yonited. If there is a significant and material change in your salary than yes it could be changed but if you did this job change voluntarily then man you could be on the hook.

Example
If a person is say a physician paying XXXXX amount of child support then quits their job and is making nothing, the court will absolutely require him to keep paying what was agreeded to cause he voluntarily quit and could make money commensurate with his skill.

Either way consult an attorney familiar with pilots and your own situation. Each state varies with family code etc..
 
The objective is to arrive at a legal settlement that will satisfy your ex, her lawyer and the court, and it is reasonable that the figures be adjusted with a change in circumstance.
...all well and good.
Just remember in the end, even if your ex and you hate each other, take care of the kids.
 
Thanks for the advice... We were told to recalculate annually, so that's all good info. And taking care of the kids is priority number 1... But she is doing well financially to handle the adjustment and still handle child expenses even with my reduced pay during first year.
 

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