going through divorce mediation. so far so good except......my "interium child support" is less than pa state calculator? the states calculator makes both parents pay 50/50 medical insurance. Mediators calculator is making HIM pay 1/4. this is unfair. Getting approx 300 less per month. also he does not want to pay alimony and lawyer told us not to discuss alimony due to 17 factors that come into play? why pay a mediator if state will give me at least the minimum. the child support amount may go up or down when lawyer gets our household budgets. Is this the norm? we share 50/50 custody. online calculator makes me choose custodial vs non custodial parents. etc.???
Child support can be extremely complex, requiring insight into the entire financial/employment/custody situation. The unfortunate aspect of your question is that there may be other facts which were left out that could influence an answer or 'guesstimate' as to what is causing your particular situation. So, this may not be the best forum for your question because of all the intricate factors which may or may not influence the answer. Furthermore, you wrote: "also he does not want to pay alimony and lawyer told us not to discuss alimony due to 17 factors" ... this suggests that counsel is already involved on your behalf and it would be both unethical and disrespectful to postulate an answer without infringing upon your attorney's representation.
If you are not satisfied with the mediation process, get your own attorney and protect yourself. If you are getting $300 less per month, and you might be entitled to alimony pendente lite (spousal support while the divorce is pending), then you may be walking away from a significant sum of money each month. I'm a big fan of resolution and negotiation, but it has to be fair to both sides, and the fact that he "doesn't want to pay alimony" is something that is nothing new. Most payors don't want to pay alimony, that's why you have your own lawyer. As for the 17 factors, that applies to alimony itself, which would occur from the time the divorce decree was issued. It makes me think that you would be entitled to A.P.L. now, otherwise why would there be a discussion about alimony. Sorry to be blunt, but I feel as though maybe this case contains a power imbalance, which mediation will be unlikely to correct.
Support is based primarily on the incomes of the parties and there is no state minimum support amount. If there is a 50/50 order and his income is higher than yours, the support amount will be 20% less than if you had primary custody. Spousal support would then be 30% of the difference between your incomes after subtracting child support from his income and adding it to yours. Alimony is based first on your actual need and his ability to pay and then the factors. Unlike child support, its determination is very arbitrary depending on how the divorce master weighs the factors.
The above answer is intended solely for general informational purposes and does not create an attorney client relationship. You should consult with an experienced attorney regarding all of the details of your particular situation before taking action.
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