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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
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Experience:  Family Law Attorney
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I have a question regaurding my child support. When I was divorced

Customer Question

I have a question regaurding my child support. When I was divorced I had no money for a lawyer and her parrents paid for hers and needless to say I ended up with the short end of the stick. When my child support was calculated I was making like $12 or $13 an hour and still my payments where $540. monthly joint custody equal parent time but they live with her. Over the past 6 years circumstances have drasticly changed for the last two years my oldest two now 16 and 14 have lived with me and they have had minimal contact with there mother. My younger two I only see them every few weeks for a weekend like I said she does not see the older two. Also I have remaried and have one child with my new wife. I also pay ALL the Insurance medical and dental. Now I make $26 hr and I think she gets min wage aside she has 3 more children but one the father has custody. I would like to know if I can lower my child support or what I have to do maybe get court custody of mine or better off leaving as is
Submitted: 4 years ago.
Category: Family Law
Expert:  LADY LAWYER replied 4 years ago.

Hello,

 

The online calculators are pretty accurate. Are you still paying child support for your 14 and 16 year olds even though they are living with you?

Customer: replied 4 years ago.

Yes I still pay the same amount $540. this was calculated at all four kids when we first divorced and has not changed but I feer recalculation because I make so much more now than I did at that time I don't have court custody or the older ones they just live with me and there mom does not care as long as she gets the child support but I thought if she has two and I have two and at least I see the other two and she does not mabe it would be a wash but you tell me plus I don't know if the fact that we each have other children matters

Expert:  LADY LAWYER replied 4 years ago.

Hi,

 

You would not have to pay for the 14 and 16 year old any more since they are living with you. Additionally, you have definitely had a material change in circumstances since you last had the child support ordered, so you are ripe to ask the court to modify the support order. It doesn't matter that you don't see your other two children that she has, that does not mean you can lower the support for them. It also does not matter that she has more children who are not living with her. However, you are certainly able to ask for custody of the younger two, in addition to asking the court to terminate support for the older two. If you get custody of the younger two, then you can ask the court to terminate your support for them as well. If you have any more questions, I will be happy to answer them. Please accept my answer so I can receive credit for helping you. We can continue our conversation at no additional charge. Thanks.

 

 

Customer: replied 4 years ago.

yes however my circumstances won't allow for the other two to come live with me and they dont want to so can I lower my child support with my current situation me making more money but also having the two older kids living with me or do you think I will pay more due to how much I make now?

 

Expert:  LADY LAWYER replied 4 years ago.

Hi,

 

I would use the calculators to calculate the maximum that can be ordered for your two younger children at the amount you make now. Leave out your older two children. If this amount is less than what you are paying now, it is worth petitioning the court to have your support reduced. If not, it's probably best that you stay put.

Customer: replied 4 years ago.
so she would not be held responsible for the two that I have
Expert:  LADY LAWYER replied 4 years ago.

Hi,

 

YOU would not be held responsible for the two that you have. If she is making less than you, then it is unlikely they will make her pay you child support. Please don't forget to accept one of my answers so I can receive credit for helping you. Thanks.

Customer: replied 4 years ago.
But the way the calculator works is it makes each parent responsible for the children acording to who they live with and who makes more money and it gives a pecent responsible so how would that work with me not seeing the other two very often and excluding my two would make it look like I have two kids that I don't take care of or see often enough and make more money and want to lower my support ?
Expert:  LADY LAWYER replied 4 years ago.

Do you have any percentage of custody or just visitation? What percentage of time would you say you saw your two kids out of the year?



Edited by LADY LAWYER on 10/1/2009 at 4:02 AM EST

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