Originally Answered: Child support - am i being cheated?
I've been trying to get a father to do this, but your dad would make a great candidate for it.
First off, understand that your mother has $60,000 a year in taxable income. That's what Alimony is. As such, 20-25% of that she's suppose to spend on you and your brother, under all state child support regulations.
When Child Support is calculated, they add together the incomes of both parents. That means his income, minus the $60,000, because Alimony is deductible, plus the $60,000 she gets in taxable income. From this total the child support amount is taken from the guidelines. Added to this is the cost day care, medical insurance, etc. At this point the income of each parent is divided by the total income of both. This shows what percentage a parent's income is of the total.
Example taken from actual case:
$110.400 Father (estimate)
$110,400 / $170,400 = 65%
In this example, the father (obligor) owes 64% of the total obligation or roughly $27,600 a year (based on average percentage for 2 kids of 25%) in support of one child, but the mother (obligee) is also obligated to spend $15,000 a year on the child, for a total of $42,600, or $3500 a month.
The problem is in over 90% of the cases, only the Obligor is required to prove the payment of the child support. When either parent's income increases, their obligation increases, but the child only clearly benefits from the increase of the obligor's income. The obligee is under no requirement to spend more on the child.
By having both parents paying into a Trust Fund, the custodial parent than provides the fund with proof that the money is being spent on the child, such as a percentage of rent or house payment, utilities, food, etc. Also, the cost of necessities, such as clothing, shoes, and other expenses exclusive to the child, with receipts and clothing tags or proof of purchase cut from the package. All this follows in accordance with Federal Laws dating back 100 years as regards Trust Funds that have been established for Guardians to draw from when parents have been killed, such as in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses that belongs to the children.
Any money left in the account would than collect interest and be available for emergencies, or special expenses, such as part of the cost of a car for a teenager, or a college education.
Using this method would mean the child is getting full advantage of the support owed by both the parents, and not just one parent.
Please keep me apprised if he decides to try it, or you do. In the cases of child stars, attorneys have represented them, individually in establishing a trust fund, so you may have standing to file the case, yourself.