I was told that child support guidelines are being changed and will go into effect January 2013. If I request a modification in 2012 but don't get a hearing until 2013, would the order be based on the 2012 or 2013 guidelines? We currently have a 'class order' with 2 children. One turns 21 next year. I would like to stipulate on a per child, per month order. If my ex rejects my request, I'll ask for a judicial modification with the same terms/income and go the distance to subpoena financials, etc. so I'll need to allow time for that. If I can get him imputed at his last salary, along with my current salary it will cause a slight increase in the total CS paid until my oldest turns 21.
Also - if I go through the administrative review process, can I request the per child, per month terms?
Divorce / Separation Lawyer
If you have a pending modification at the time the guidelines change, the new guidelines will apply. Normally, child support is calculated as a class order, however, since one child will soon no longer be eligible for support, it would save time to do it as a per child order to avoid another modification. If your ex won't agree to this, you can make this argument to the judge and let him or her decide. Although courts generally follow the guidelines and do class orders, they are permitted to do it differently if they feel it is apporopriate.
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Family Law Attorney
The guidelines used will be whichever are in effect at the time the court issues its order.
I have never heard of using a "per child, per month" order of this type. But in any case, the order will specify that support ends or modifies when a child becomes ineligible. It would certainly be wise for you to have the order spell out what support will be both before and after your eldest turns 21.
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