3 year review 50/50 custody

[itguy76]

What is the name of your state (only U.S. law)? Ohio

Almost 3 years ago, my divorce was finalized. At the time we were broke and in debt. We found a lawyer who would handle our dissolution and the bankruptcies for a reasonable price. I was also very much concerned about taking care of her and she was fairly agreeable due to the guilt, which meant we were not looking out for ourselves like we should. We both feel like we gave up too much to each other which has been a source of conflict ever since.

We agreed to shared parenting of our 2 kids and a complete 50/50 split, every other day and ever other weekend arrangement. I provide half the clothes, everything. We split all out of pocket costs, she has cheap insurance so she provides medical insurance, even though I’m not ordered to, I provide vision insurance. I make about 60% of the total income. We of course shared the same lawyer, but in reality, he represented her. He calculated the support based on sole custody/shared parenting worksheet and said I would owe about $860 per month, but I was entitled a deviation because I have custody significantly more than the standard. However, he would not tell us what that should be, he left that to us to work out. Since it was a 50/50 split, first thought was $430 per month. But after working budgets etc. we came up with $525 per month. This is what I pay today.

After she started talking to people she began to feel like she could have done better, and she thinks she could have kept the same 50/50 arrangement and still got the $860. I got tired of this and started researching, and I found the Split Custody worksheet. While I understand that this would be if I kept full custody of 1 kid and she would keep the other, it’s really no different than the 50/50 deal we have. Working those numbers and I come up with about $380 per month.

Her salary has went down slightly since the divorce and she has mentioned she could get more child support now. What are the chances that they use the Split Custody worksheet and I actually pay less than I do now?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

Almost 3 years ago, my divorce was finalized. At the time we were broke and in debt. We found a lawyer who would handle our dissolution and the bankruptcies for a reasonable price. I was also very much concerned about taking care of her and she was fairly agreeable due to the guilt, which meant we were not looking out for ourselves like we should. We both feel like we gave up too much to each other which has been a source of conflict ever since.

We agreed to shared parenting of our 2 kids and a complete 50/50 split, every other day and ever other weekend arrangement. I provide half the clothes, everything. We split all out of pocket costs, she has cheap insurance so she provides medical insurance, even though I’m not ordered to, I provide vision insurance. I make about 60% of the total income. We of course shared the same lawyer, but in reality, he represented her. He calculated the support based on sole custody/shared parenting worksheet and said I would owe about $860 per month, but I was entitled a deviation because I have custody significantly more than the standard. However, he would not tell us what that should be, he left that to us to work out. Since it was a 50/50 split, first thought was $430 per month. But after working budgets etc. we came up with $525 per month. This is what I pay today.

After she started talking to people she began to feel like she could have done better, and she thinks she could have kept the same 50/50 arrangement and still got the $860. I got tired of this and started researching, and I found the Split Custody worksheet. While I understand that this would be if I kept full custody of 1 kid and she would keep the other, it’s really no different than the 50/50 deal we have. Working those numbers and I come up with about $380 per month.

Her salary has went down slightly since the divorce and she has mentioned she could get more child support now. What are the chances that they use the Split Custody worksheet and I actually pay less than I do now?

No chance at all. Because that is NOT the right worksheet. You may be entitled to a deviation -- MAY -- but the court has to find that a deviation downward is in the best interest of the children. It is possible you could continue paying the entire amount with no deviation. How did you decide what was to be paid? Was that made a court order? Are you planning to go through CSEA for child support? Because they won't give ANY deviation.

 

[Zigner]

No chance at all. Because that is NOT the right worksheet. You may be entitled to a deviation -- MAY -- but the court has to find that a deviation downward is in the best interest of the children. It is possible you could continue paying the entire amount with no deviation. How did you decide what was to be paid? Was that made a court order? Are you planning to go through CSEA for child support? Because they won't give ANY deviation.

itguy76 - as you digest what Ohiogal has said, keep in mind that she is a family law attorney in Ohio. She knows what she's talking about.

 

[itguy76]

No chance at all. Because that is NOT the right worksheet. You may be entitled to a deviation -- MAY -- but the court has to find that a deviation downward is in the best interest of the children. It is possible you could continue paying the entire amount with no deviation. How did you decide what was to be paid? Was that made a court order? Are you planning to go through CSEA for child support? Because they won't give ANY deviation.

Thank you for the reply, but I don't quite understand. There is no review yet, but I assume she might push for one, to be honest I am not sure how that works or even if it's automatic. Support is paid through the CESA. We determined the deviation amount based on what she needed in her budget at the time, but in the order it states based on extensive visitation (50%) beyond standard order.

Summarizing the shared parenting agreement....both parents are residential parents of the children when they are in their care. Mother's residence shall be designated primary for school (amendment last year switched this to father's residence for school purposes only). Each parent will have the children 50% of the time. The support order deviates from the guidelines: Father is the obligor and shall pay $862.....A deviation pursuant to 3119.21 is appropriate based on the reason(s)...non-resident parent shall have extensive visitation beyond the standard order. ..... the deviation is $535.50 which includes the 2% fee.

So I guess my question now is how does this process work and what do I need to do? How should the deviation be calculated fairly? I understand the split worksheet is not the correct worksheet, but isn't it the same principal to determine the deviation of 50/50 time?

 

[Just Blue]

BTW Itguy...

Don'tdelete this thread as I "think" you did the last one. IF I am wrong i am sorry...But I seem to recall another thread by you that was deleated.

 

[itguy76]

BTW Itguy...

Don'tdelete this thread as I "think" you did the last one. IF I am wrong i am sorry...But I seem to recall another thread by you that was deleated.

Thanks, I don't think I did, but it was suggested I start a new one so I thought someone else deleted it.

 

[Ohiogal]

Thank you for the reply, but I don't quite understand. There is no review yet, but I assume she might push for one, to be honest I am not sure how that works or even if it's automatic. Support is paid through the CESA. We determined the deviation amount based on what she needed in her budget at the time, but in the order it states based on extensive visitation (50%) beyond standard order.

Summarizing the shared parenting agreement....both parents are residential parents of the children when they are in their care. Mother's residence shall be designated primary for school (amendment last year switched this to father's residence for school purposes only). Each parent will have the children 50% of the time. The support order deviates from the guidelines: Father is the obligor and shall pay $862.....A deviation pursuant to 3119.21 is appropriate based on the reason(s)...non-resident parent shall have extensive visitation beyond the standard order. ..... the deviation is $535.50 which includes the 2% fee.

So I guess my question now is how does this process work and what do I need to do? How should the deviation be calculated fairly? I understand the split worksheet is not the correct worksheet, but isn't it the same principal to determine the deviation of 50/50 time?

No. That is not how it works. What did the worksheet attached to the initial order state? Was the deviation included on the worksheet? Was the amendment for residential for school purposes put through the court? I see many red flags in this situation. The attorney never should have left it up to the two of you to determine this.

If you want a deviation, you go through court and file for a deviation. The deviation is determined in many ways based upon the court receiving the appropriate information.

 

[Just Blue]

Thanks, I don't think I did, but it was suggested I start a new one so I thought someone else deleted it.

Oh...I remember. You hijacked another thread. Sorry

 

[itguy76]

No. That is not how it works. What did the worksheet attached to the initial order state? Was the deviation included on the worksheet? Was the amendment for residential for school purposes put through the court? I see many red flags in this situation. The attorney never should have left it up to the two of you to determine this.

If you want a deviation, you go through court and file for a deviation. The deviation is determined in many ways based upon the court receiving the appropriate information.

Trust me, the lawyer (and us too) didn't do the best job in making sure the paperwork was correct, it was a copy paste job with some issues, that's another story. There have been 2 amendments, both through the court. First was to fix the insurance mistake that had me picking up secondary coverage, had the hearing and got it fixed. The 2nd was Residential Parent for school purposes only, no hearing just the standard form filed.
I don't have a worksheet and the fact finding was waived, maybe there was a worksheet but I don't have a copy. The deviation is stated in the Agreement as I summarized above.

 

[Ohiogal]

Trust me, the lawyer (and us too) didn't do the best job in making sure the paperwork was correct, it was a copy paste job with some issues, that's another story. There have been 2 amendments, both through the court. First was to fix the insurance mistake that had me picking up secondary coverage, had the hearing and got it fixed. The 2nd was Residential Parent for school purposes only, no hearing just the standard form filed.
I don't have a worksheet and the fact finding was waived, maybe there was a worksheet but I don't have a copy. The deviation is stated in the Agreement as I summarized above.

The law requires a child support worksheet to be attached to all child support orders.

 

[itguy76]

I guess I should clarify, I personally don't want any changes, but since my ex has been having money issues she might push for a change. Her money issues stem from her buying a new car with too high of a payment, she didn't have a car payment when we did our dissolution but she did need a newer/better car. Would she file something through the court, through the CESA, or does the CESA do this automatically? Just trying to be prepared before I get blindsided.

As far as I know my income is the same or less than it was, salary same, bonus more in 2013 less in 2014. The lawyer used tax return numbers which I think are lower than the actual Gross Income. My ex is a teacher and the union contract had pay decrease each year, but not that significant, she has been coaching and working a couple of supplemental jobs at the school to make up for this loss....so my guess is that both our incomes are the same as before, but both will look like more if the court or CSEA request documents.

I read in another post that someone lost their deviation after a review for no reason, so that certainly concerns me.

 

[itguy76]

The law requires a child support worksheet to be attached to all child support orders.

Maybe I have it in my pile of paperwork, if not, I guess I can get all that through the court records by visiting the clerk of courts?

So if the deviation is not in the worksheet and only in the text of the Agreement, that could mean that I lose it?

 

[Ohiogal]

Maybe I have it in my pile of paperwork, if not, I guess I can get all that through the court records by visiting the clerk of courts?

So if the deviation is not in the worksheet and only in the text of the Agreement, that could mean that I lose it?

When child support is recalculated you could lose it then.

 

[itguy76]

Ohiogal, thank you, you have been very helpful. So, I guess my course of action is to wait for notification from the CSEA requesting info, and if that happens, I should consult a lawyer to help me through the rest.

If I should have to go to court to get the deviation, would that also be a good time to address holes and clarify our entire agreement? Like I mentioned, our agreement isn't very well written.


I've done some research, and the whole deviation and Parenting Time Adjustment thing is a complete mess. For a true 50/50 shared custody arrangement both parents Custodial and Non-Custodial are equally obligated to support their children following the Basic Child Support Schedule. Since the ORC fails to address standards for calculating a deviation, the only approved legal model we have to follow would be the Split Parenting calculation model, which would take the amount of the Custodial Parent and subtract it from the Non-Custodial Parent's obligation. I feel very strongly that this is the only fair course of action, however, I would be hard pressed to find a judge who would be willing to make such a legal breakthrough.

 

[Ohiogal]

Ohiogal, thank you, you have been very helpful. So, I guess my course of action is to wait for notification from the CSEA requesting info, and if that happens, I should consult a lawyer to help me through the rest.

If I should have to go to court to get the deviation, would that also be a good time to address holes and clarify our entire agreement? Like I mentioned, our agreement isn't very well written.


I've done some research, and the whole deviation and Parenting Time Adjustment thing is a complete mess. For a true 50/50 shared custody arrangement both parents Custodial and Non-Custodial are equally obligated to support their children following the Basic Child Support Schedule. Since the ORC fails to address standards for calculating a deviation, the only approved legal model we have to follow would be the Split Parenting calculation model, which would take the amount of the Custodial Parent and subtract it from the Non-Custodial Parent's obligation. I feel very strongly that this is the only fair course of action, however, I would be hard pressed to find a judge who would be willing to make such a legal breakthrough.

Caselaw defines how deviations should be dealt with. Your split parenting calculation is NOT correct. You need to hire an attorney and have them take it to court. Do NOT let it go through CSEA.