Author Topic: Change in living situation and support  (Read 6320 times)

BradyBunch123

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Change in living situation and support
« on: February 21, 2014, 12:46:41 AM »
My husband currently splits 50/50 with his ex, but is only receiving a 20% child support adjustment (which means he pays about $600/month). He is also named as primary residential custodian. The child (12 yrs old) has decided to come live with us full time (and would go to her mom's every other weekend), so I'm wondering will the judge still order my husband to pay support because of the large disparity between the 2 incomes? Even if the child will be with us 80%? When the original support order was created, they imputed the ex's income to minimum wage so the income proportion was about 18%-ex and 82%-my husband. She now has her own business making more than minimum wage, and my husband makes about the same amount. Thoughts on this? Ex is not fighting us/the child on the living situation so I don't think that will be an issue in court. It's the child support piece that we are mainly looking to modify.

Guru

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Re: Change in living situation and support
« Reply #1 on: February 23, 2014, 06:49:21 PM »
Well, every judge will do it differently, but he could rule based on the current living situation or he could rule based on what is currently filed.  If the last thing filed says you have 50/50 residency, then he "might" rule based on that.  The 20% parenting time adjustment went away in 2012 with the new equal parenting time formula instead.  You can search around this forum and find many threads on exactly how that new formula works, but it will probably be a drastic reduction from the $600.

However, if you actually have residential custody, mom should pay child support minus a parenting time adjustment.  If mom has 20% parenting time, then I believe the adjustment is 5%.  So instead of paying $600/mo, you could be receiving $200/mo.  The way the formula works, is it's mostly dependent on the paying parent's income, not so much so, the receiving parent.  But, both incomes are entered into the equation.  We offer a free child support calculator on this site which does a very good job and is easy to use.  You can download it here: http://kschildsupportforum.com/kansas-child-support-calculators-and-forms/kansas-2012-child-support-calculator-free!/msg879/?topicseen#msg879

If you don't have an order through the court (even an filed agreement) that says you have primary residency, if you file a motion, there's a chance mom could fight you on that.  Typically the way things work in court is one parent files for child support, the other files for some change in parenting time/custody (or vice versa).  This occurs all the time.  So, when you file for child support, the judge may not honor the current living arrangement.  So, to ensure that you would win your case, you should probably talk to mom about signing an agreement for the child to live with you.  No mention of child support would be in that order and mom believes she would be losing the expense of the child while still getting $600/mo.  Then 30 days down the road, you file a motion to modify child support.  An attorney may want to take all of this up at the same time, but I'm a firm believer in putting all the steps in place first, then your final motion will be a walk in the park.

BradyBunch123

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Re: Change in living situation and support
« Reply #2 on: February 24, 2014, 02:01:42 PM »
The parenting plan that is on file (since 2006) is 50/50 residency, with my husband being PRIMARY RESIDENTIAL paying $0 support. He was giving mom $200/month to help out (giving the funds directly to her, but all records were kept of each payment). Ex filed to get child support in 2011 and received it, even without any change in living situation. The judge DID give him back credit for all of the money he had been giving to her each month (I believe he retroactively gave credit for 6 months).

If we do as planned below in regards to the mom giving written statement, would it be something we file with the court or do we just keep it as a simple written agreement without judge/court involved? Thanks for the input on taking care of the child support piece AFTER the living situation is finalized. I could totally see her changing her mind in court if she realizes the support would be going away. I know there are a lot of parents out there who use child support funds for their children, but I also see a lot who use it for themselves and it's sad and selfish.

Honestly we would be ok with her not paying support. As long as my step daughter is living with us, we have gotten the most crucial piece of her well being figured out (her relationship with her mom was very volatile and taxing on both sides of the family). I was just curious on whether or not we would still be paying mom when the child is going to be with her 4 days a months.