Author Topic: Modifying Child Support  (Read 1265 times)

captls

  • Newbie
  • *
  • Posts: 4
Modifying Child Support
« on: February 27, 2013, 08:57:40 PM »
So I allowed the other party to have primary residency when we were divorced, 2 children involved, because I was moving an hour and a half away, even though the parenting time was nearly 50/50.  I have now moved within one mile of the other party, and our parenting time is still nearly 50/50, but I am paying $977 per month in child support, which I think is way to high for the current situation.

I would like to request to the Court that we be given shared residency of the children, but the question remains do we use the shared expense formula, or the equal parenting time formula.  Which one will offset the high amount that I am required to pay under the current cirumstance, and make things more equal?  Will the equal parenting time formula do this, that way avoiding the need to go through the hassle of the shared expense formula?

Any input would be appreciated.

Guru

  • Expert Member
  • *****
  • Posts: 309
Re: Modifying Child Support
« Reply #1 on: February 27, 2013, 10:46:43 PM »
The shared expense formula, in my opinion, is the best approach.  The only reason the shared expense formula exists is because some parents decided they weren't going to pay their half of everything, abused the provision, and so the state committee stuck it to the paying parents.  The kicker is that both parents "should" agree to share the direct expenses.  Most who receive child support see the dollar signs and disagree to share direct expenses in order to gain a higher child support amount.  BUT, the parent who receives support is fully responsible for all costs (all school, all activities, all sports, etc.).  The downside to this is that one parent is deemed the "paying" parent and the child will always see that this parent is the one who buys everything.  It causes psychological bias toward the parent who buys everything, which I think is wrong.  That's why the shared expense formula is better.

There is also a benefit to you in your financial matters.  You have to claim that you make less income when you apply for a loan, because child support is subtracted out.  Yet they don't ask if you have a dozen kids at home to feed, they only ask if you are court ordered to pay child support.

Also, you might want to think about your definition of shared residency.  The courts only recognize overnights for some reason, so you need to consider this when asking for shared residency treatment.

captls

  • Newbie
  • *
  • Posts: 4
Re: Modifying Child Support
« Reply #2 on: February 27, 2013, 11:09:22 PM »
Thanks for the reply, regarding having
Shared residency, the way I understand it is this has to be requested and ordered to allow shared expenses right?
So you mean that in order to qualify for shared residency both parents have to have overnights?

Thanks !

Guru

  • Expert Member
  • *****
  • Posts: 309
Re: Modifying Child Support
« Reply #3 on: February 28, 2013, 12:21:47 AM »
Well, if you read the child support guidelines, it says that in order for expense sharing to apply, both parents must agree, which is not right, but that's how it reads.

Yes, overnights is the key.  Even if you have the kids from 7am to 9pm, and they sleep at Mom's, Mom has primary custody with most judges.  They like to have it clear cut for them, so they usually just go by overnights.  You must have the same # of overnights as Mom, or very near to it. What is your schedule?

captls

  • Newbie
  • *
  • Posts: 4
Re: Modifying Child Support
« Reply #4 on: February 28, 2013, 12:41:44 AM »
3 or 4 nights per week, so in the case that one party (party that is receiving the child support) doesn't agree to the shared expense formula, the only alternative is the equal parenting time formula?

Guru

  • Expert Member
  • *****
  • Posts: 309
Re: Modifying Child Support
« Reply #5 on: February 28, 2013, 01:06:16 AM »
Yes, but you should argue it both ways.  If you are sharing expenses, or have something written in your order that you share any expenses, then ask the judge to order the shared expense method.  Ask if he/she will not order that, then ask to order the shared residency formula.  This way you have given option A and B, both which lead to shared expenses in some way.  Make it very clear that she will be paying for every single thing if she gets the money.

It sounds to me like you have shared residency and you should get the discount.  You might span it over 2 weeks time.  If it comes out that you have more overnights, you should be asking for her to pay you.  There is a calculator on here so you can figure up what your new support payment will be.  Please let us know what the difference is.

captls

  • Newbie
  • *
  • Posts: 4
Re: Modifying Child Support
« Reply #6 on: February 28, 2013, 09:28:17 PM »
So using the equal parenting time formula it brings it to 718 per month, which is slightly better.  What do you think the possibilities of the Judge granting a request for divided residency?  I know this is used only when parenting time is different from the two children and one each resides with the other parent, so it doesn't seem to apply to this situation where it is 50/50, but maybe you may know something different..

Thanks

Guru

  • Expert Member
  • *****
  • Posts: 309
Re: Modifying Child Support
« Reply #7 on: March 01, 2013, 12:33:08 AM »
Well, if you are sharing any costs or that is written anywhere in your order, you could at least attempt to use the expense sharing method.  As far as divided residency, it doesn't sound like that's what you have, and I don't think a judge would order it.  I've not personally calculated divided residency, but I think it would be calculated for each parent having a child/children full time, then the difference between the two worksheets would be calculated and half that amount would be paid to the other parent.

mk

  • Newbie
  • *
  • Posts: 4
Re: Modifying Child Support
« Reply #8 on: December 20, 2013, 11:09:52 PM »
I need to find a site that has a child support calculator for multifamily use  for free. 

Does anyone know where I can go?

Guru

  • Expert Member
  • *****
  • Posts: 309
Re: Modifying Child Support
« Reply #9 on: December 20, 2013, 11:11:21 PM »
What do you need?  Can you share more about the family situation for which you need a calculator?  Our users created the free calculator here, and we do take requests for enhancements.  Everything is free.

mk

  • Newbie
  • *
  • Posts: 4
Re: Modifying Child Support
« Reply #10 on: December 20, 2013, 11:24:09 PM »
Here is my situation and it is rather difficult and very unusual.  lol

My current husband has children from three different marriages (one being ours).  He pays child support to one mom who lives in Kansas City but the child (17) lives in Georgia with an Uncle.  The state of Kansas deducts the payments from my husbands checks and sends them to Georgia.

The other child (7 in January) lives with her mother in Hutchinson.  My husbands current support is based on an income that he hasn't had since last April.  He lost his job and when he did we went back and asked for it to be modified and the judge denied it saying we needed to give it more time.  I was furious.  I was a stay at home mom at the time and my husband had no income and was still forced to pay based off of an income of $38,100.00.  We had no way to pay it while we waited to see if he would qualify for unemployment so he racked up some more back support owed.  He did get unemployment so we paid it out of that and again it was still based on the income above. 

Now he is working a job where he makes 10.50 before taxes and they are still taking out support based on $38,100.00 and I am working so we now have child care expense our two year old that has never been added into the equation.

The wife of the 7 year old had asked for a modification right before our baby was born so we were allowed to use the multifamily worksheet.

We can not afford this child support.  My husband is working overtime trying to make ends meet and only brings home $400.00 per week.  Not even close to the $38,100 support was figured on.  We can't afford an attorney and will be lucky to afford all the filing fees to try to get it changed.  Any help on where to go to find free forms etc would be greatly appreciated.


Thanks for any help you can offer..

Guru

  • Expert Member
  • *****
  • Posts: 309
Re: Modifying Child Support
« Reply #11 on: December 20, 2013, 11:40:03 PM »
Firstly, do you know the name of the judge that ordered you needed to "give it more time"?  If your case was just ordered to the higher amount, sometimes they won't modify inside of a 60 day period, but I would think loosing employment would qualify for a reevaluation.  Also, what is the reason your husband lost his job and was there documentation that his termination was involuntary?  We don't know you from Adam (we're all anonymous), but these details are kind of critical to imputing income to your husband as it appears the court is now doing.

The calculator found for free on this site will work just fine to calculate your case.  The way child support is calculated for multiple families is the first case that was filed takes priority.  Then that child support payment is taken out of your husbands income (see step 2, line C2) to arrive at the second child's income.  However, both cases should probably be using the multiple family deduction and using the 3-child tables.  But it really depends on how each case is setup.  If only the second case uses the MFA, then I suppose you'd use the 2-child table.

Everyone does things different and when you have multiple cases, things can get expensive.  I would think both cases should be using the MFA with the 3-child table because that's the real situation.  But, the way the guidelines read is that you can only use the MFA "if" the person receiving support requests a modification.

So, to answer your question, the free calculator here can handle your case, but it really depends on your case.  The key to the second case is to make sure and deduct the child support income on line C2.

mk

  • Newbie
  • *
  • Posts: 4
Re: Modifying Child Support
« Reply #12 on: December 20, 2013, 11:47:51 PM »
It was Judge Chambers in Hutchinson, Ks.  My husband was laid off at a job and we went back right away to get try to get support reduced.  This was back in November of last year.  Judge Chambers said he didn't want to make a determination until after 30 days from when we went to court to give my husband time to try to find a job etc.  My husband ended up going back to the company he worked for previously and so we just left support the same knowing it probably wouldn't get changed anyway.

In April of 2013 my husband was let go from that job.  He filed for unemployment and it was granted to again we left support assuming nothing would happen.  Now it has been 8 months and he is working a job making 10.50 an hour instead of salary at 38,100.00

We have not went back since last year at this time to ask for a reduction in support so we are ok there.  The judge also ordered that we were allowed to use the multifamily worksheet because she had taken us back to court to ask for more money right before our baby was born. 

Does that answer some of the questions you had?

Guru

  • Expert Member
  • *****
  • Posts: 309
Re: Modifying Child Support
« Reply #13 on: December 20, 2013, 11:50:15 PM »
That helps.  So you use the MFA for the second child, but not the first one, right?  Do you know what mom makes?

KTM

  • Expert Member
  • *****
  • Posts: 217
Re: Modifying Child Support
« Reply #14 on: December 20, 2013, 11:55:52 PM »
Make sure that you ask the court for several rulings.

The first amount to each child based upon your current circumstances and those of each of your husbands other children's (two separate) parent. Depending on the Courts original ruling regarding the 17 year old (assuming the Court has jurisdiction on that case) and the amount your husband has paid in total to date… you may owe less than you think and can terminate payments earlier than you expect.

The second amount based upon your current circumstances, giving a specific termination date for the support being paid to the 17 year old (assuming the same Court has jurisdiction on that case) and the modified amount of support for the 7 year old to be paid after termination of support for the 17 year old.