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Attorney & Mediator
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My ex husband lives in NY and I live in SC with our two children.

Resolved Question:

My ex husband lives in NY and I live in SC with our two children. I am the custodial parent. Our separation agreement was never incorporated into our divorce, so the amount we mutually agreed upon in 2004 for child support ($2000 per month) can not be increased unless my ex agrees to it. He refuses. I have filed an action with SC DSS, who will work with NY child support to have child support court ordered. My ex makes nearly $300,000 per year. How much more child support can I expect to receive once it is ordered through the courts? What guidelines will they use? NY or SC? I am leaving my job to return to school full time in a few weeks, so I will have no income, essentially. Any help is appreciated.
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
Since no child support order was ever initiated in court, the court that generally has jurisdiction would be the homestate of the child.


Best way to figure out what the amount of support he will be paying is by using the child support calculator for the state which for SC is in the link below:

http://www.state.sc.us/dss/csed/calculator.htm

According to the SC guidelines [here, see page 2 section 3], the support table only goes upto $240,000.00 a year, so any award in excess of $240K will be decided on a case by case basis. So assuming the court only accepts upto $240K, the support amount can be estimated at $2032 a month for two children. Again any income in excess of 240K the court has the discretion to award additional amount.




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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 7 years ago.
SC guidelines stink. They don't take into account the quality of life that my children had when their father and I were married. I have already been receiving $2000 per month for 5 years, with no increase during that time. What's the sense of getting $32 more per month? If my case has to be ordered in NY state, why wouldn't the NY court determine the amount of support to be ordered?
Expert:  Attorney & Mediator replied 7 years ago.
As stated in general the homestate of the child is the state that will address child support issues. Since the child is living with you in SC that court can have jurisdiction. Now it is also possible for NY to take jurisdiction if your ex agrees to accept jurisdiction. So if he is not aware of the jurisdiction issues you might get lucky if he accepts NY to handle child support, otherwise if he objects SC has jurisdiction. Again choice of law depends on many factors primarily where the child lives, secondary where all parties agree to accept jurisdiction. Seem that the settlement agree at $2000.00 was fair as it is so close to the guidelines. However as stated since he makes more and if the child needs more the court can award more since he makes $300,000.00

Hope this clears up things.





_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 7 years ago.
Well, he will have an attorney that Microsoft will pay for under their legal plan, so I highly doubt that he will accept jurisdiction in NY courts.
Expert:  Attorney & Mediator replied 7 years ago.
Then SC will control.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 7 years ago.
In your experience or knowledge, do the SC courts ever deviate from the prescribed calculations that are in place with the child support system? I can't see how my ex-husband's step child should benefit from his enormous salary when he won't assist with co-pays (for which he is responsible for under our separation agreement), school clothes and supplies, tutoring, travel expenses to and from NY, and various other things he refuses to pay for concerning our children. I know that your time is valuable, but if I could afford a lawyer in the first place, I wouldn't have to go through SC DSS in order to seek remedy, nor would I have to post questions on websites like these. This will be the last question I ask, I promise :-)
Expert:  Attorney & Mediator replied 7 years ago.
Can you tell me if his income has changed since the 2004 agreement?

Can you tell me if there are any additional needs the child requires?

Does this agreement also cover issues of health care or extra-curricular activities?

Thanks

Customer: replied 7 years ago.
Yes, his income has gone from $140,000 when we divorced in 2004 to nearly $300,000 now. Our younger daughter has significant mental issues (she was hospitalized involuntarily for more than a week last August), needs to be constantly supervised (my mother assists with this since I need to work), and she needs tutoring, which I cannot afford. My ex provides health insurance, which costs nothing through his employer Microsoft. He is supposed to pay co-pays and refuses to do so. I end up paying the co-pays.
Expert:  Attorney & Mediator replied 7 years ago.
I see. From my experience there is a change in circumstances. Since his income has increased since the last time child support was taken into consideration, then yes most definitely the court will consider the excess of his income earnings. Further if your daughter's needs have significantly changed since 2004 then yes her needs are greater and can result in more support. Now the court can increase to at least another $1000.00 [at their discretion of course] since we know that the difference in SC between the maximum guidelines is $240,000.00 and his $300,000 is $60,000.00 [monthly is $5000.00 a month] which if you plug into the SC table it comes within the $1022 range. So you have good cause to see a great increase as her needs are greater and he now makes significantly greater than 5 years ago.

Further the court would definitely order that he make the co-pays as that is agreed to in your agreement.

From the information provided yes I can see the court deviating and awarding more than the basic child support amount there is good cause to warrant it.




_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.


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