More details to this question:
I am a custodial parent when my support went into effect in 2011 I was making 35,275 and the non-custodial parent was making 27,337. I am currently on disability do to a car accident and made 23,000 this year. Non-custodial parent re-married and I am unsure of his income but am sure he makes more than he used to. I want to file for a modification due to my significant decrease, his job change and remarriage. Our agreement states we are to pay 50% for agreed upon extra curricular activities my son has been enrolled in kung fu for a yr my ex never asked me about it just did it and has been paying for it. can he bring this up in CS court and make me pay half? Again I never agreed and he has never sent me a bill
1 ANSWER
Hi
Are you anticipating not returning to the workforce at your old rate of pay? If so, the Court can impute that income to you in any event. Did your agreement provide for a Cost of Living Increase, either computed in the agreement or by statute, accordingly to the 3 year lookback that is now in effect? You should be eligible for an increase in any event.
If you go in for a modification due to your disability, expect that your former husband will demand that you pay a pro rata share of the add ons. So, if you're earning 30% of the combined parental income, you will pay 30% and not half. I would ask not merely for a downward modification (if you expect that you will be disabled for a long time) but a recomputation of your contributions towards add-ons.
Your former husband's spouse's income is not to be considered for child support purposes. However, if she is contributing to the household and is, consequently, decreasing his living costs, then a judge may look at that factor among others.
I wish you luck.
Ilysa
Answered on Apr 06th, 2015 at 12:30 PM