QUESTION

Will my ex husband still pay child support if I make more money now?

Asked on Sep 21st, 2011 on Child Custody - Georgia
More details to this question:
I am wondering if my ex husband will still be obligated to pay child support to me for his daughter if I earn more money now than when documents were filed? We have joint custody.
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14 ANSWERS

Family Law Attorney serving Pasadena, CA at Law Offices of Paul P. Cheng
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What is the custody?
Answered on Jun 23rd, 2013 at 9:39 PM

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Family Law Attorney serving Las Vegas, NV at Willick Law Group
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For how child support in a joint custody situation is calculated, see http://www.willicklawgroup.com/child_support.
Answered on Jun 21st, 2013 at 2:27 AM

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Yes.
Answered on Jun 03rd, 2013 at 2:54 AM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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Yes.
Answered on Jun 03rd, 2013 at 2:52 AM

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Family Law Attorney serving Woodland Hills, CA
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Most California Court's use the program called "DissoMaster" to calculate child support. It is a very complicated calculation which is based primarily on how much money each party earns and how much time each party spends with their child(ren). The DissoMaster requires a lot of other information to be considered, including, but not limited to the following: a) your tax filing status and how many exemptions you claim; b) how many children you have with the other parent; c) taxable vs. non-taxable income (wages, self-employment income, interest, dividends, rental income, capital gains, losses, etc.; d) your itemized deductions such as mortgage payment, property taxes, medical expenses, charitable contributions, etc.; e) whether you are remarried; f) adjustments to income; g) who pays health insurance and how much it costs; h) hardships; and i) other miscellaneous items and expenses. Given the limited amount of information provided by your question, it is difficult to determine whether you will still be entitled to receive child support without having additional information. However, be advised that it is the public policy of the State of California for each parent to contribute to the support of their children regardless of their respective income. Since this is a very complicated area of the law, you should consult with a Family Law Attorney or Forensic Accountant to discuss these issues in more detail.
Answered on Sep 27th, 2011 at 6:23 AM

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Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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Under Nevada Revised Statute 125B.145, the child support amount can be reviewed every 3 years, upon request, or anytime on the basis of changed circumstances. Under that statute, a change of 20% or more in income is deemed to be considered changed circumstances. My office is well-experienced in assisting in these matters and provides free consultations.
Answered on Sep 26th, 2011 at 10:09 AM

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Family Law Attorney serving Baton Rouge, LA
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Your ex husband is obligated to pay the same amount for child support unless and until he sues for a reduction. If he sues for a reduction, whether or not the reduction is granted will depend on how much your raise was, whether or not his income has increased during the same time, and a few other factors. If your raise was substantial and he still makes the same money, it is likely he will get a reduction, but not likely that his support will be eliminated unless you share 50-50 custody or he obtains more custody time.
Answered on Sep 23rd, 2011 at 11:51 PM

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Yes. Your ex will still likely have to pay child support. However, the amount of the child support will probably change if your incomes have changed in a significant way.
Answered on Sep 23rd, 2011 at 2:32 PM

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Steven D. Dunnings
Possibly, but at a minimum, his obligation will be reduced rather than terminated.
Answered on Sep 23rd, 2011 at 1:34 PM

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Patricia C. Van Haren
Your support may be modified based on your higher earnings. Without knowing both of your incomes it is impossible to state for certain as to whether he would be obligated to continue to pay support or how much the support would be reduced.
Answered on Sep 23rd, 2011 at 12:03 PM

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The dissomaster used for guideline child support takes onto consideration the incomes of both parents. If you are making more now, he will pay less. It is only fair.
Answered on Sep 23rd, 2011 at 11:53 AM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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If you each have 50% custody, depending upon who provides health insurance and at what cost, everything else being equal except for earnings/earning capacity, the higher income parent would owe support to the lower income parent.
Answered on Sep 23rd, 2011 at 11:24 AM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Your question cannot be answered without comparing all the financial information concerning your ex's income and your income. He might have to pay less and, theoretically at least, you might have to pay him child support if your income is significantly higher than his. "joint custody" has no meaning with respect to child support - it is the actual amount of time in each home and the gross income of each party that controls. But, the existing child support order will remain in effect until one of you files a motion to modify. Modification may be justified if a new calculation shows that the necessary change is more than 10% different from the existing order.
Answered on Sep 23rd, 2011 at 11:20 AM

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Glen Edward Ashman
A change in income certainly could be a basis to modify support. It would almost never eliminate it.
Answered on Sep 23rd, 2011 at 10:25 AM

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