I have two support orders; my ex for 2 kids, another for 1 baby. I took a more demanding job to help pay for the new childs costs, childcare, etc. Ex1 wants support increased bc of the new job.My two older kids are in full time public school and she claims they need additional care due to her recent move further. She leaves them home to run errands, wont leave them home for 20 min afterschool (age 10/12).this alone will be 4,000I didn't expect. ex #1 adds unnecessary costs, which prevent me from "agreeing" to better childcare for my toddler, who needs full day care. Above my "support order" my first 2 kids have a lot of extra costs: braces, med., they live an hr away so visitation is dinner out,mom sends no clothing, forcing me to duplicate. Will order 2 prevent order 1 from an increase?
Divorce / Separation Lawyer
You really should consult with an experienced family law attorney in your area. I say this because, even though you've taken a higher paying job to cover the cost of your newest child's support and care, your support for your first two children may not be lowered or hold steady. It could be increased. The court can take 50% of your net income for basic support. Basic support does not include your share of expenses for daycare, babysitting, or braces. Your higher paying job may not cause a change in either of your support orders, depending on what the support guidelines determine. As you've probably already seen when the second order was entered against you, the court may take into account the first support order when establishing the second one, but only if the combined basic support orders, not including the additional expenses, exceed 50% of your income. As far as the issues you've raised about Ex1 being unwilling to take the children with her when she runs errands, and insisting that she have someone there to watch them, I'd say that's probably more of a difference in parenting style than something which the support court will necessarily deal with. However, that having been said, a local attorney may be able to evaluate how much additional support you are paying on the order for these specific expenses and whether you have a good argument that Ex1 should be held solely responsible for these "discretionary" expenses. An attorney can help you decide whether it's worthwhile to go back to court to have the order reduced by lowering the babysitting expenses. So-called normal or usual expenses incurred for seeing your children are technically part of the formula used in the development of the child support guidelines. That's why they usually not relevant in a support hearing. Having to have additional clothing on hand is commonplace and, unless the mom is being totally ridiculous about it, like sending the children barefooted, I doubt that issue will get you far in court. On the issue of braces, I get the feeling that they're already on the children and so advice about you having the right to be consulted and even getting a second opinion is probably too late at this stage. On the medical expenses, remember that the moms are responsible for the first $250 of each child's medical expenses annually. If you're carrying the health insurance, and paying for it, your support orders should have been adjusted downward for the mom's shares of the premium. Oh, and to add insult to injury, you're required to notify the court via Domestic Relations and the moms, or their attorneys, that you are now earning more, or any change in the order, including an upwards one, could go back to the date you started the new job. Contact an attorney, please.
Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.
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