can an ex ask for more child support if both parents has equal legal and physical

[Ipromisetowrite]

(reside in Wisconsin)

Can an ex ask for more child support if both parents has equal legal and physical custody of both children? When they divorced 8 years ago, the arrangement through the court was that 1) they both have equal legal and physical custody of both children, 2) both children be under the insurance of the father's employer, 3) the father was ordered to pay $60.00/month for child support, 4) the ex-wife was ordered to pay $30.00/month to the husband for the health insurance he is providing through his work for the children.

Along the way, the ex-wife stop paying that $30.00/month. The child support he pays is automatically taken out from his checks. He doesn't care and doesn't ask for that $30.00/month from her. But 8 years later, he is making more money, and her income status hasn't change, can she request and get approve for more child support? They still share equal legal and physical custody of both children. Will the judge approve such a request, given that they share equal legal and physical custody of both children?

 

[sandyclaus]

(reside in Wisconsin)

Can an ex ask for more child support if both parents has equal legal and physical custody of both children? When they divorced 8 years ago, the arrangement through the court was that 1) they both have equal legal and physical custody of both children, 2) both children be under the insurance of the father's employer, 3) the father was ordered to pay $60.00/month for child support, 4) the ex-wife was ordered to pay $30.00/month to the husband for the health insurance he is providing through his work for the children.

Along the way, the ex-wife stop paying that $30.00/month. The child support he pays is automatically taken out from his checks. He doesn't care and doesn't ask for that $30.00/month from her. But 8 years later, he is making more money, and her income status hasn't change, can she request and get approve for more child support? They still share equal legal and physical custody of both children. Will the judge approve such a request, given that they share equal legal and physical custody of both children?

If both parents share equal physical custody, why is it necessary to increase the child support that dad is paying? Are you trying to say that because dad is making more money that he needs to pay more support for the other half of the time that the children are with mom?

The children get to benefit from dad's extra income when they spend their time with him. The existing order essentially equalized the additional contributions given by each side. The only difference here is that the ex-wife stopped paying her $30/mo contribution for the health insurance coverage. Dad's been covering that for as long as Mom stopped paying. If anything, the dad would be entitled to take HER back to court for contempt for her own violation of the court order regarding payment for the health insurance.

 

[Ipromisetowrite]

I am asking on behalf of my husband. I don't know the laws about child suport with equal legal and physical custody of children. We just got married two years ago. My husband and I don't mind that she stop paying that $30.00/month because it's such a small amount to make a big deal about. Even though my husband and his ex has equal custody, she often would ask him to pay for things for the kids, like school supplies every year or other things because she says she can't "afford it". We have always say "yes'" and don't mind it if it is for the kids, because we would buy them the things they need whether she ask or not anyway. We don't hold it against her either.

But now it looks like she wants to take him to court to ask for MORE child support and I think it is for 1) she knows he is making more than before, and more than her still 2) we are married and has a combined income, and 3) she is financially strapped all the time due to her low income.

 

[I'mTheFather]

If both parents share equal physical custody, why is it necessary to increase the child support that dad is paying? Are you trying to say that because dad is making more money that he needs to pay more support for the other half of the time that the children are with mom?

Uh, yeah, that's often how it works. Why do you think dad was ordered to pay support with the original order?


Eight years is a long time to go before asking for a review. I'm surprised mom waited so long unless dad had a sudden and recent increase in pay.

 

[stealth2]

Mom is well within her rights to ask for a review and/or modification. Dad is well withint his rights to contest that request and have a judge make the decision. He's also within his rights to come to an agreeent with Mom.

Of course, this is also up to Dad to handle. It would seem that he is less concerned than stepMom is. Whose concern is, frankly moot. There is no "we" in these situations, legally. There is Mom and Dad.

 

[Ipromisetowrite]

Well in the U.S anyone can exercise their "Right" to ask for anything in any situation. I totally understand the whole "child support" for a parent who has full or even more than 50% custody of their children than the other parent. That I don't question. I am just trying to understand why a parent would have to pay child support in a situation where both parents have equal physical and legal rights to both children? If the other parent is making less, that's his/her issue for not getting the education to make more. I am a stepmom and I have never insert myself into my husband and his ex's discussion about their children. I leave that up to them, but I was just curious about this situation.

Sandyclaus,

I don't know why my husband was ordered to pay that small child support in the first place. It could be the indifference in their income when they first divorced, but that $60.00/month, really is only $30.00/month if she's paying him 30 bucks a month towards the health insurance.

stealth, my husband is "NOT LESS" concern just because he is not on here asking the question.

 

[stealth2]

Well in the U.S anyone can exercise their "Right" to ask for anything in any situation.

Sure, anyone can ask. And we are free to not reply to third parties.

stealth, my husband is "NOT LESS" concern just because he is not on here asking the question.

Well... I would disagree. A parent who is concerned makes the time to gather his/her own information, IMO.

 

[ecmst12]

This is absolutely none of your business. His money is not your money, his children are not your children, your income will NOT be considered by the court and you will not be obligated to pay anything. So butt out.

 

[cbg]

An ex can ASK for the sun, the moon and the stars. Asking isn't getting.

 

[Gwenillian]

In WI, if you share placement where each parent has more than 92 days/yr & that fact is in the CO, the judges may use a shared placement formula to determine whether there is support owed, how much & to whom. If one parent has less than 92 days it is typically a straight percentage. Here is a link to a worksheet that helps with that formula. To use it you will need to know # of days court ordered to each party, monthly income & some other info.

http://dcf.wisconsin.gov/bcs/pdf/worksheets_shared_placement.pdf

This amount will not include the variable costs which are defined by the state as "reasonable costs above basic support costs. These costs include child care, tuition and a child’s special needs" per the definitions page on the WI DCF site. The worksheets can at least give you an idea of what to expect although judges don't necessarily have to follow them. I believe there are also different standards for very high or very low income payers. Also, in WI Child Support can be reviewed by the CS enforcement agency after 3 years - less if there is a significant change, a court orders a review done, or one of the parents goes on assistance.

More info is here:

http://dcf.wisconsin.gov/bcs/review_2.htm

 

[nextwife]

Of course, if there is now a greater discrepancy between their incomes because one parent is choosing to be voluntarilly un or underemployed, the other parent can ask that their income be imputed.

 

[LdiJ]

(reside in Wisconsin)

Can an ex ask for more child support if both parents has equal legal and physical custody of both children? When they divorced 8 years ago, the arrangement through the court was that 1) they both have equal legal and physical custody of both children, 2) both children be under the insurance of the father's employer, 3) the father was ordered to pay $60.00/month for child support, 4) the ex-wife was ordered to pay $30.00/month to the husband for the health insurance he is providing through his work for the children.

Along the way, the ex-wife stop paying that $30.00/month. The child support he pays is automatically taken out from his checks. He doesn't care and doesn't ask for that $30.00/month from her. But 8 years later, he is making more money, and her income status hasn't change, can she request and get approve for more child support? They still share equal legal and physical custody of both children. Will the judge approve such a request, given that they share equal legal and physical custody of both children?

Yes, it is possible. In a true 50/50 situation the parent with the higher income does usually pay some child support, and therefore logically, if the gap between their incomes widens, then its possible for that child support to increase.

 

[Ipromisetowrite]

Sure, anyone can ask. And we are free to not reply to third parties.



Well... I would disagree. A parent who is concerned makes the time to gather his/her own information, IMO.

What are you disagreeing about? You don't even know what my husband is doing to prepare or gather information. I am just asking to learn more about this whole system. Yes this is between my husband and his ex, but I am married to him, and what affects him, affects me so it is only natural for me to find out more about it, which is why I am here.

I'm here trying to learn more about people's experiences in similiar situation/ their knowledge, not necessary negative input/comments.

 

[Ipromisetowrite]

This is absolutely none of your business. His money is not your money, his children are not your children, your income will NOT be considered by the court and you will not be obligated to pay anything. So butt out.

I am married to my husband. His business is my business and vise versa. I have no legal involvement, and I don't want to get involve but I am his emotional supporter, so yes it is my business if he's going through a tough time due to his ex. and by the way, his money is my money, and my money is his money!

 

[Ipromisetowrite]

Yes, it is possible. In a true 50/50 situation the parent with the higher income does usually pay some child support, and therefore logically, if the gap between their incomes widens, then its possible for that child support to increase.

thanks for your input.