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Legal Expert Justin
Legal Expert Justin, Lawyer
Category: Legal
Satisfied Customers: 165
Experience:  Attorney
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Have you read my information? Idaho, no we have approached a

Customer Question

Have you read my information?
JA: What state are you in? It matters because laws vary by location.
Customer: Idaho
JA: Has anything been filed or reported?
Customer: no we have approached a legal firm for mediation in hopes to keep it civil
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Customer: can I continue to ask questions?
Submitted: 3 months ago.
Category: Legal
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 3 months ago.

What is your issue about?

What is your specific question?

Thank you for your cooperation.

Customer: replied 3 months ago.
I getting divorced in Idaho and have two kids. My wife makes $40,000 annually. I make $45,000 annually as a base salary plus a commission. I have only worked at this job for 6 months and dont know what my final total gross earnings will be for the year. What will I have to pay in child support?I have an unpredictable trave lschedule in the fall and winter months (September- May). I average being gone about 10 days a month. What is the best solution for custody? 75 mom, 25 with me? Or do I have grounds to request 50/50 split with the understanding that I travel and that we will have to work around that?
Customer: replied 3 months ago.
Alos my wife pays $550 in insurance premium for the 2 kids combined monthly if that information is needed.
Customer: replied 2 months ago.
Is there any other information I can provide you? I would really like to hear back from you soon if possible.
Expert:  Phillips Esq. replied 2 months ago.

Thank you for the information. However, I am unable to further assist. So, I will opt out to give another Attorney the opportunity to further assist you.

Goodluck with your case,

Expert:  Legal Expert Justin replied 2 months ago.

Hello! My name is ***** ***** I'll be the Expert assisting you today. How much have you made in commission so far this year? Is that amount likely to be the same in the second half of the year?

Regarding parenting time, you can certainly request a 50/50 split and add specific language to the divorce judgment about who the children will stay with in the event of your travel.

Customer: replied 2 months ago.
I just met with the mediator and he said that in East Idaho, because my daughter is an infant, that it has to be 75/25. I will double check how much I have made in commission so far. Is there a rule of thumb for commission in regards ***** *****?
Expert:  Legal Expert Justin replied 2 months ago.

Generally, a court would look at the averages in prior years, but of course, if you just started the job that makes things difficult. Is there anything about the nature of your job that would make commissions higher or lower during certain times of year?

Customer: replied 2 months ago.
because it is geared more towards fall/winter months I could potentially make more. However, what if they don't pay on time, etc. I just find it hard to come up with a fair number so I can live all while being generous and fair with a child support amount.
Expert:  Legal Expert Justin replied 2 months ago.

In that case, it would be in your best interest to pro-rate the commission you earned in the first half of the year to come up with a total yearly income. Then, run the child support calculations based on that amount.

If you make substantially more in the fall/winter, the burden will be on your ex-wife to file for an adjustment to the child support award at a later date. It would be very difficult for her to do that now, since there is no hard data on how much you earn in the fall/winter months.

Customer: replied 2 months ago.
Thank you, that's good advice. In your opinion what would be a fair amount? I believe the calculator shows a pretty high number especially factoring in half for child care.
Expert:  Legal Expert Justin replied 2 months ago.

I can't say what I personally think a fair amount would be. The child support calculations are always presumed to be a fair amount so you will have a hard time challenging whatever number it comes up with (assuming all the information entered is factual (income, expenses, etc.). Do you have any other questions today?

Customer: replied 2 months ago.
Actually, yes. What happens if we do not go through the court system to set up the child support payments and there is a month where I can not pay on that day? What would the consequence be? I do intend to pay, but what could happen legally?
Expert:  Legal Expert Justin replied 2 months ago.

If there is no judgment or administrative order relating to child support, then there would likely be little or no consequence to not paying for a month. Worst case scenario would be that your ex-wife could later claim she is owed back pay for whatever months you did not pay. However, most states do not allow a person to claim back pay from before they filed the petition. On the other hand, if you had a private agreement to pay a certain rate and she can prove the terms (usually via a written contract), then you could still be liable to make up the missed payment.

Customer: replied 2 months ago.
Understandable. What if she gets to the point where she can not make enough money to support herself where we live and could make more money somewhere else? Could she take the kids?
Customer: replied 2 months ago.
also, is there an age where the kids can ask to live with one parent or the other? Would child support payments adjust then?
Expert:  Legal Expert Justin replied 2 months ago.

If she has legal custody, she may be able to take the kids. Most judgments will have a provision that requires the custodial parent to give 60 days notice before moving the children far away. This gives the non-custodial parent time to seek a modification of the judgment to keep the kids in the area.

Alternatively, you can also seek to have language added to the divorce judgment that explicitly prohibits moving the children far away without a court order/modification. That way, the burden would be on her to change the judgment if she wants to move. The court will do what it thinks is in the best interest of the children. If the custodial parent needs to move for work, it would probably be allowed.

Yes, child support payments would probably adjust depending on how much time the children spend with each parent. Most courts will not put too much stock in where a child wants to live.

Customer: replied 2 months ago.
What about this scenario: 50/50 custody. I buy her out of the house...and I do get primary placement...does that give me any power over her? Or does primary placement not have that much say in all of it?
Expert:  Legal Expert Justin replied 2 months ago.

Who would have legal custody in this scenario?

Customer: replied 2 months ago.
50/50 custody and primary placement, me...Is primary placement the same as legal custody?
Expert:  Legal Expert Justin replied 2 months ago.

I understand. In that case, yest it would probably help. The court will do whatever is in the children's best interest, so if they have ties to their current location (school, church, friends and family, etc), it will be easier to convince the court that it is in their best interest to stay there, rather than move somewhere far away. Do you have any more questions today?

Customer: replied 2 months ago.
I think we are good. Thanks.
Expert:  Legal Expert Justin replied 2 months ago.

You are very welcome! If you are happy with my service, your 3, 4, or 5 star rating at this time is most welcome. If you need more help, please let me know so I can continue to assist you.