Skip to main content

Modification of child support question

Sanibel, FL |

My ex filed one of these due to a large increase in my pay. Our original agreement I was ordered to pay 230/mth for 2 kids. We agreed to cover our own child care when the kids are with us. Now since she filed to modify this she included what she pays for child care per month and that is affecting my new amount by about 150/mth. Since we agreed to pay for our own child care then how can what she pays for child care effect my new support amount? Our kids are 7,6

+ Read More

Attorney answers 2

Posted

A modification of an order requires a substantial change in circumstances which is unanticipated. If you have a significant increase in pay, (without knowing anything else) it likely meets the substantial change requirement. Typically the child care expenses are included into the child support calculation. However, if your current order clearly states that you will each be responsible for your own, then typically that would stay the same. She will attempt to argue that the child care amount is part of the calculation and you should be responsible. You can include your cost of child care in your calculations and see how much it changes. You should speak to a lawyer that can run a child support calculation and see what sort of difference you are looking at.

This answer is provided for a general purpose, as I am not privvy to all the details or documents relating to your case. This answer does not establish an attorney-client relationship. Prior to taking any action, you should consult with an attorney who has the opportunity to learn all the factors of your case or situation.

Asker

Posted

There has been the unanticipated change and it is substantial. Now I don't pay anything for child care, when the kids are with me they stay with a family member of mine. The current order states that each party agrees to split child care husband will pay child care when the children are with him wife will pay when they are with her. With that wording can child care still be a part of the calculations? (I'm hoping to have the money for a lawyer in the next couple of weeks, I simply don't have the $$ right now

Kristen Smith-Rodriguez

Kristen Smith-Rodriguez

Posted

I would argue that her basis in modifying the final judgment is based upon you earning more money for a child support calculation. And I would further argue that the child support and child care provisions are purposedly distinct from one another based on the exact language of the order. I am not a judge, so I cannot tell you what will happen, but I do believe you have a strong case to not be responsible for child care. Of course, if the preceeding sentence was "due to the parties' current financial status....." Then she would have a better argument.

Posted

You should consult a family law attorney face-to-face. She can certainly ask the court for the modification.

My answer to your question does not create an attorney-client relationship.

Child support topics

Recommended articles about Child support

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer