We are to be following the 20th Court Guidelines for Visitation. http://www.ricecounty.us/Parenting%20Time%20Guidelines%2010042011.pdf
I thought there was a guideline for how child support is handled when the children are with the non custodial parent for 3 consecutive weeks; but I don't see it anywhere. HOw is this normally handled?  My husband's most recent paycheck was for $331. THe custodial parent got $624 of his paycheck. We have to live on this $331 for two weeks and we have 5 people in our immediate, daily family... then when the other three children come to stay for 3 weeks, I simply do not know how we will feed them.  Is it something we have to get ordered by the court to have her pay us back for those 3 weeks? (Paying in advance would rock.. but I read somewhere that it might be a retro/payback thing?)

I'm terrified of how we are going to live while the kids are with us this summer and how we are going to recover from it in time to have them for a second 3 week period.

Thanks!

I'm not sure if you are applying the Multiple Family Application (MFA), but if not, you should be.  MFA essentially changes the table you use to determine child support from X number of children to X+Y number of children.  So if you are paying support for 2 children, but have 3 children at home already, you have 2+3 = 5 children to care for.  So child support would use the 5-child table.

Per your other question about retroactive child support, KTM is correct that usually support is retroactive back to when you filed to change it.  This is handled by the trustee in the form of an arrearage/credit.  In your case it would be a credit, and the following few paychecks would not take very much in order to get you caught up.  Then the amount would level off to a nominal monthly/biweekly amount.

we have 5 people in our immediate, daily family... )
Thanks!

I hope that helps.

The guidelines spell this out pretty clearly:

"For the Multiple-Family Application, if the parent not having primary
residency has children by another relationship who reside with him/her,
use the Child Support Schedule representing the total number of children
the parent not having primary residency is legally obligated to support to
determine the basic child support obligation."

Maybe you interpret differently, but to me this means you should use all children for which the paying parent is responsible for, period.  It does not qualify biological children or otherwise.  If you think about it, though, it makes sense because dad is providing for all of the children regardless.  As a result, each child receives less.

But, the biggest hang up with this provision is the following:

"The Multiple-Family Application may be used to adjust the child support
obligation of the parent not having primary residency when that parent has
legal financial responsibility for the support of other children who reside
with that parent. The Multiple-Family Application may be used only by a
parent not having primary residency when establishing an original order of
child support or an increase in support is sought by the parent having
primary residency."

Regardless of this statement, I think I would file using the MFA because it sounds like there are many other children who need that money.

I'll respond more fully later; but, we have two biological children together. So my husband has two younger children to support other than the three he has with the biological/custodial parent/mom. I believe, based on reading the guidelines, that we cannot do the multiple family thing because we are requesting the modification. If she requests an increase, we can defend ourselves with the two new babies, but not if we want it lowered. Basically, we can't keep having babies to lower his child support. I get why that provision is there; but, it still makes things very hard that over half of his pay goes to another household. Yes, the number is too high and it has been too high for three years. Each year it gets harder to manage. I did the numbers last night. The kids will be out of school for 82 days this summer. We will have them for at least 56 of those 82 days and we still have to pay her almost $1300 per month. She will not agree to reimburse or accept less. I simply do not know how we can have them well over half the time this summer and still pay her as if they are with her full time.   We'll make due.. we always seem to find a way.. it just feels awful that we won't be able to even afford to take trips to the zoo or anything "extra." We'll just have to get really creative when it comes to activities and food.

KS Step Mom,  I concur with your finding in the guidelines that a parent can only request the MFA in defense of the other parent requesting a child support increase.  Before reading further, I'd like to know your thoughts on this:

1.) do you think it's financially correct to disallow parents the MFA anytime they have an addition to the family?
2.) do you think that if the MFA was applied in your case that the child support award would be more consistent with your family spending?

The MFA was a hot topic with the committee years ago, and I can tell you that this will be a very hot topic in the next committee session.  The current guidelines are extremely biased towards children of divorce make sure that they are the first cared for and therefore any other children will come second.  This isn't fair to other children.  The guidelines state that even if a paying parent gives birth to triplets (which isn't all that uncommon these days), he/she cannot immediately ask for a reduction in child support even though the family costs have significantly increased.  For families not in that situation, it's hard to comprehend, but  basically, you could be paying $1,200/mo for 2 kids, then add 3 more to your family and the support remains the same.

This is where legal advice really pays off for the receiving parent, but really hurts the paying parent.  That's because the receiving parent knows that if they ever ask for more money now, it will probably be reduced instead.  Therefore, he/she will be advised by their attorney to simply go with the flow and accept that healthy paycheck even though it's not consistent with the studies on family spending.

There is no harm in asking for the reduction (including the MFA).  Technically, the court can make the call at their discretion any way they like.  That is written in the guidelines as well.  If you are pro se, you will be out the $50 to file a motion to modify child support.  If you are told "no," just keep that in your notebook for next time and be sure to send a letter to the committee to tell them what you think about it.  Obtaining a transcript will make your case even stronger with the committee and the next judge.

Anything that requires us paying a retainer fee and lawyer consultation fee is not feasible for us. You can imagine how much we are living paycheck to paycheck at this point. I currently show $1.52 in my checking account and we still have a week before my husband gets paid his 1/3 of his paycheck. I do work; but every dime of my money covers our actual bills. My husband's checks are what we live on for groceries, fuel and incidentals like diapers and clothing etc. Most often, that is $400 or less for three adults (my mother lives with us and provides daycare) and two children under age 2.. and every other weekend, add three more children to the mix.. plus the fuel to drive 2 hours for visitation transportation (we meet the custodial parent halfway).

In our case, the support was calculated based on pay that my husband had after 13 years with one employer as well as working two extra jobs at that time. At the time of the divorce, his pay had decreased by $15k per year because he relocated after the separation. He did take a job in his field of training; but, started at the bottom pay level. None of that mattered to the judge. He used the higher number from the pay from the time during the marriage.. and the pay of 3 jobs.

Both parents' pay has decreased since the time of the original support establishment in 2008. However; at the time of the support establishment, my husband was supporting a child from a union with his high school sweetheart, so that child took some away from the three for whom the CS was being established. THat first child has since turned 18. $250/mo had been allotted to that child. So now when I use the CS spreadsheet, I do not include that first child.  When I run the numbers, it comes out that we MIGHT reduce the support from the current $1248 down to $1100. MAYBE barely enough for the 10% requirement.  If we include the two children that my husband have together, the support reduces down to about $800 which would help us SO MUCH in caring for our little ones AND the other children when they are with us. As it is, we truly truly are going under.

I know this next part does not matter in the area of CS; but, it really does hurt when my step children ask us why we don't take them shopping for clothes or to the movies or on trips (bio mom took them to Seattle for spring break). It's all we can do to provide mac and cheese on the weekends they are with us, much less actually provide any extra entertainment for any of us. We are very good about making sure we go to the park, ride bicycles around town and take advantage of every free family event in the area... but it really hurts to know that my biological children may never get to do even one or two of the big activities that the other kids get to do with their mom. Maybe in 9 years when the youngest step daughter turns 18.. maybe then we can start saving for big events for all of us to do together. It would be so awesome to take all of the kids on a fun trip somewhere like yosemite or the grand canyon or something.  As it is, I'd just be happy to be able to feed them something besides mac and cheese now and then.

Another side note, the two youngest children have been asking to come live with us. (ages 9 & 12) What they really want is to stop going back and forth but we have explained that no matter where they live most of the time, they will be visiting the other parent.  But they both want to go to school in the town we live in.. and live with us. They say they'd like to do it for a year and then maybe go back to the other school the next year or something. We just let them talk about it and we tell them that we'd love for that to happen; but that their mom would have to agree and she would miss them so much she might not let them come. That also is frustrating because they talk about it so much, and they say they don't want to go home when it comes time to leave on their weekends.. their mom would never agree and we can't afford a lawyer to actually push for it. I've told my husband that he should at least consider pushing for his son to come live with us... just because he really needs to be with and closer to his dad. That poor 12 year old boy lives in a house with his mom and two sisters and seems to just absorb every moment with his dad when he visits.  I have no clue how all of that would go over in court. My husband would love for all three to live with us; but one is 15 and would NEVER leave her friends since she is now in high school and has a boyfriend.  The youngest is very emotional and she would love to live with us as she says; but, I don't know that she could stand to be away from her mom as much as she would be.

Sorry for that tangent.

It's all a mess and I don't see how anything can really get ironed out so that it works well for everyone I guess.

I have a son who is 21. When he sees us struggling, that's what I tell him, "Be sure to choose THE RIGHT person and stay with her. HEAVILY consider whether or not to become involved with someone who already has children." 

Looks like good information posted here.  What method or tool are you using to calculate child support?  Have you looked into the consultation through the KS Bar association?  I believe their fee is only around $20 for a 30 min consultation.  Maybe another source of cheap legal advice.  My personal experiences with that service have varied though.  One attorney wanted to spend 30 minutes arguing with me about why I wanted to change custody instead of discussing my case.  I called the bar association the next day and requested another attorney session.  It was no problem.  I might recommend you write down 5-10 questions you want to discuss and try to make it through as many as possible.  Never call an attorney in the morning.  Try to call late in the afternoon.  4PM seems to be a good time so they have plenty of time to talk with you.  It can't hurt to get many opinions if they are cheap.