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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.
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?
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.
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?
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.
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.
Who would have legal custody in this scenario?
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?
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