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Story short.. We have 50/50 custody that we fought for for 2…

Customer Question
Long story short.. Lawyer's...

Long story short..

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

We have 50/50 custody that we fought for for 2 years. My boyfriend pays the mother $600 a month and she pays nothing nor has submitted her income. If we submit a change in child support will it back fire on us?

Lawyer's Assistant: Family law varies by state. What state are you in?

Nevada

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The $600 a month was put in place before the 50/50 custody battle. It was a dollar amount the mother wanted and the father signed for. Now that it’s 50/50 I want to know if we can make a change that won’t back fire on us

Submitted: 2 months ago.Category: Family Law
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Answered in 1 minute by:
3/26/2018
Family Lawyer: Ely, Counselor at Law replied 2 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

Do you mean both parents are in agreement with this change? Or, not?

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Customer reply replied 2 months ago
As far as changing child support? The mother no. My boyfriend the father wants the change.
Family Lawyer: Ely, Counselor at Law replied 2 months ago

Thank you. Well truthfully, yes, it can. If he makes more now, then it can. If he files to change child support, and she opposes it and counter-sues to raise it, and he should pay more based on his income, the Court may raise his child support based on whatever the state formula says he should pay. So there is that risk.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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Customer reply replied 2 months ago
let’s say they do raise it, don’t they have to take her income into it as well? If he’s supposed to pay $600 and she needs to pay $250 then he should only have to pay $350 right? (I don’t know what her income is) It’s 50/50 joint custody. More so In the fathers favor. The mother had to move back to this state to keep 50/50 custody, their child has to go to school in his jurisdiction.
Family Lawyer: Ely, Counselor at Law replied 2 months ago

Nevada only goes by income of the paying parent, not the other parent. See here:

www.divorcenet.com/resources/child-support/nevada.htm

So I am afraid it is only his income which would be looked at. Also even with 50/50, one parent is the "managing" parent (seems to be her) who get child support. If he wants to stop paying child support, he has to get the managing parent status.

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Customer reply replied 2 months ago
Ok but if no where does it say that either one are the “managing” parent?
Family Lawyer: Ely, Counselor at Law replied 2 months ago

He pays child support, correct? Then she is the managing parent. The managing parent receives child support.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 2 months ago
What if that was submitted before the 50/50 custody agreement? She’s not considered the primary parent. It’s all 50/50
Family Lawyer: Ely, Counselor at Law replied 2 months ago

Right now, there is a custody agreement and child support agreement in place, correct?

Then regardless of when what was submitted, she is the managing parent, I am afraid.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 2 months ago
We are expecting a child at the end of August. If we submit a change with the expenses of another child, is that taken into consideration
Family Lawyer: Ely, Counselor at Law replied 2 months ago

I am sorry, but no - only is income is. Please see the link provided.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 2 months ago
his income is the only thing looked at? It doesn’t matter that he has bills?
Family Lawyer: Ely, Counselor at Law replied 2 months ago

Correct, I am sorry to say.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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