Child support modification?

[hurryupwait217]

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

Hi all! I am new to the forum and found you all because I am trying to figure out what to do in my current situtation.

My XH and I have been divorced for about 9 years now, since our son was a little over a year old. At the time of the divorce, XH did not want to go to court, we came to a custody and visitation agreement on our own and entered it in the divorce decree; we also used to the Virginia Child Support calculator to determine the correct amount.

I have sole legal and physical custody, he has open visitation, but at least EOW; he rarely takes advantage of anything more than EOW, but is always there for that. I keep him informed of major decisions on our son's health and education and we have had no problems on that.

Every few years tho, he decides he pays too much in child support and begins to pay what he thinks is right; it usually works itself out and he returns to the right amount...anyway that is where we are now...he has decided to pay 1/3 of the monthly amount he owes. He says he is going to request a modification, which I agree we should have if he feels he is paying too much.

I doubt he is actually going to do it, based on history and I don't want to continue discussing money with him - it makes things very tense. I am considering requesting a modification myself.

My question is - our son no longer goes to traditional childcare as he is 10 years old; but in the winter and the summer, I sign him up for afterschool camps and summer camps, to keep him active and not sitting at home in front of the TV - how would those costs figure in to child support?

Also he recently needed braces, it was a $1200 up front cost and $200 a month for the next 2.5 years; I did not ask XH for money for this, as I felt the child support would cover it; but if we are going to have it reviewed, can I factor these new costs in?

Thank you in advance

 

[Antigone*]

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

Hi all! I am new to the forum and found you all because I am trying to figure out what to do in my current situtation.

My XH and I have been divorced for about 9 years now, since our son was a little over a year old. At the time of the divorce, XH did not want to go to court, we came to a custody and visitation agreement on our own and entered it in the divorce decree; we also used to the Virginia Child Support calculator to determine the correct amount.

I have sole legal and physical custody, he has open visitation, but at least EOW; he rarely takes advantage of anything more than EOW, but is always there for that. I keep him informed of major decisions on our son's health and education and we have had no problems on that.

Every few years tho, he decides he pays too much in child support and begins to pay what he thinks is right; it usually works itself out and he returns to the right amount...anyway that is where we are now...he has decided to pay 1/3 of the monthly amount he owes. He says he is going to request a modification, which I agree we should have if he feels he is paying too much.

I doubt he is actually going to do it, based on history and I don't want to continue discussing money with him - it makes things very tense. I am considering requesting a modification myself.

My question is - our son no longer goes to traditional childcare as he is 10 years old; but in the winter and the summer, I sign him up for afterschool camps and summer camps, to keep him active and not sitting at home in front of the TV - how would those costs figure in to child support?

Also he recently needed braces, it was a $1200 up front cost and $200 a month for the next 2.5 years; I did not ask XH for money for this, as I felt the child support would cover it; but if we are going to have it reviewed, can I factor these new costs in?

Thank you in advance

Your son's after school activities are your choice and not childcare. If you want your son to participate, then you'll have to budget those costs into whatever your child support and other income is.

The braces are also water under the bridge. You have entered into this agreement without Dad's consent. You cannot go back and ask that he be on the hook now.

 

[hurryupwait217]

Thanks for the quick reply Antigone of Greece...

I would like to give a bit more information and see if your response is still the same...

The after school activities and summer camps are for those children who are too old to attend a regular daycare facility but not be home alone all the time...they are not the same as signing up for soccer or baseball type after school activities...

Also, the braces, his Dad and I did discuss his need for braces and his Dad said to do whatever is needed. I have sole legal custody and am the final decision maker, but we always discuss things. I did not bring up money with him related to the braces, as "I" was able to pay them based on the child support ordered.

I am wondering if he requests a reduction, are either of these items something I can I bring up for consideration? I understand if your answer remains the same, I just wanted to offer additional details!

 

[Antigone*]

Thanks for the quick reply Antigone of Greece...

I would like to give a bit more information and see if your response is still the same...

The after school activities and summer camps are for those children who are too old to attend a regular daycare facility but not be home alone all the time...they are not the same as signing up for soccer or baseball type after school activities...

Also, the braces, his Dad and I did discuss his need for braces and his Dad said to do whatever is needed. I have sole legal custody and am the final decision maker, but we always discuss things. I did not bring up money with him related to the braces, as "I" was able to pay them based on the child support ordered.

I am wondering if he requests a reduction, are either of these items something I can I bring up for consideration? I understand if your answer remains the same, I just wanted to offer additional details!

My response has not changed.

You might consider fighting the reduction.

 

[LdiJ]

My response has not changed.

You might consider fighting the reduction.

I disagree. I believe that the "camps" she is referring to are after school care and summer daycare. Therefore yes, they would factor into child support. Of course, that is assuming that mom is not home and available to care for the children herself. 13 is generally the age where a parent would not be required to contribute to daycare.

 

[Antigone*]

I disagree. I believe that the "camps" she is referring to are after school care and summer daycare. Therefore yes, they would factor into child support. Of course, that is assuming that mom is not home and available to care for the children herself. 13 is generally the age where a parent would not be required to contribute to daycare.

Ok

I sign him up for afterschool camps and summer camps, to keep him active and not sitting at home in front of the TV

That does not sound like childcare to me, but hey, you said so, so okay.

 

[LdiJ]

Ok


That does not sound like childcare to me, but hey, you said so, so okay.

Come on Antigone, are you the only person in the world that doesn't know that daycare for older children is frequently called "camp"? This child is 10. Unless mom is home and could care for the child instead, the child is going to need after school and summer care.

 

[Antigone*]

Come on Antigone, are you the only person in the world that doesn't know that daycare for older children is frequently called "camp"? This child is 10. Unless mom is home and could care for the child instead, the child is going to need after school and summer care.

I must be

 

[mistoffolees]

Your son's after school activities are your choice and not childcare. If you want your son to participate, then you'll have to budget those costs into whatever your child support and other income is.

The braces are also water under the bridge. You have entered into this agreement without Dad's consent. You cannot go back and ask that he be on the hook now.

I'm going to add some caveats.

1. After school activities COULD be work related child care expenses. OP should check on the statute to see what is covered. Work related child care expenses are allowed as credits in the VA calculation.

2. Check the exact wording of the original agreement on medical expenses. If the parents split medical expenses and if the braces are medically necessary, it could be that ex owes some of this.

3. OP needs to recalculate using the state guidelines:
Child Support Obligation Calculator - Virginia Department of Social Services
It is not uncommon for NCP to ask for a recalculation and then find out that their payment actually goes up.

 

[ProSeDadinMD]

...13 is generally the age where a parent would not be required to contribute to daycare.

I don't know where in VA the OP is, but in the DC area(which includes Northern Virginia}, most "daycare" facilities "generally" won't take a child 12 or older. I'm going thru that myself with The Ex at the moment.

But if the child is 10, I could see it going either way.

 

[hurryupwait217]

Hi all - thanks for the responses.

So, I am in Northern VA; I am not sure what the official age is for daycare, but I know the centers we visited didn't have kids anywhere near our son's age.

Our original plan doesn't say much, we made our agreement ourselves and probably didn't think of all of the right things to address - our son was a baby at the time. I know it say I provide health insurance through my work...nothing more.

I would love to use the calculator, like we originally did, but I do not know Xh's income and he will not tell me.

Someone mentioned "fighting the modification". That is what I plan to do and that is why I am asking what things to bring up to show the amount should not be lowered...how else does one fight a request for decrease?

He also has a tutor, suggested by the school, I am thinking that isn't Dad's responsibility either?

So he has not made a payment at all this month...what do I do? He has not filed for a mod either. Do I file for a mod or file something for non-payment?

When is a payment considered late? How does it work when say 1/3 is paid in Aug and 1/3 in Sept?

thanks again!!

 

[LdiJ]

Hi all - thanks for the responses.

So, I am in Northern VA; I am not sure what the official age is for daycare, but I know the centers we visited didn't have kids anywhere near our son's age.

Our original plan doesn't say much, we made our agreement ourselves and probably didn't think of all of the right things to address - our son was a baby at the time. I know it say I provide health insurance through my work...nothing more.

I would love to use the calculator, like we originally did, but I do not know Xh's income and he will not tell me.

Someone mentioned "fighting the modification". That is what I plan to do and that is why I am asking what things to bring up to show the amount should not be lowered...how else does one fight a request for decrease?

He also has a tutor, suggested by the school, I am thinking that isn't Dad's responsibility either?

So he has not made a payment at all this month...what do I do? He has not filed for a mod either. Do I file for a mod or file something for non-payment?

When is a payment considered late? How does it work when say 1/3 is paid in Aug and 1/3 in Sept?

thanks again!!

You could file a show cause for contempt motion right now for his non-payment of the full amount of child support. You could also ask for a child support review at the same time. Or not, because if you file a show cause for contempt, dad will likely file for a child support review himself.

 

[mistoffolees]

Hi all - thanks for the responses.

So, I am in Northern VA; I am not sure what the official age is for daycare, but I know the centers we visited didn't have kids anywhere near our son's age.

I'm not finding a statutory age limit for when child care can be paid. The rules specifically do not say that they end at a certain age:
LIS > Code of Virginia > 20-108.2

Therefore, a rule of reasonableness probably comes into play. At what age would it be reasonable to leave a child home alone all day? I don't even want to guess what a particular judge would rule. Interestingly, in surrounding states, statutory rules state that child care expenses can not be required to be repaid after the age of about 12 or 13, barring unusual circumstances. That doesn't mean that a younger child needs child care (some are obviously more mature than others), but it says that one should probably not be paying past the age of about 13.

VA statute (above) does state that the court can consider various factors in determining if child care should be provided.
"F. Any child-care costs incurred on behalf of the child or children due to employment of the custodial parent shall be added to the basic child support obligation. Child-care costs shall not exceed the amount required to provide quality care from a licensed source. When requested by the noncustodial parent, the court may require the custodial parent to present documentation to verify the costs incurred for child care under this subsection. Where appropriate, the court shall consider the willingness and availability of the noncustodial parent to provide child care personally in determining whether child-care costs are necessary or excessive. Upon the request of either party, and upon a showing of the tax savings a party derives from child-care cost deductions or credits, the court shall factor actual tax consequences into its calculation of the child-care costs to be added to the basic child support obligation. "

Note that the limit is how much it would cost to provide care from a licensed source. So if the camp is $1,000 a week but a licensed child care provider would be only $300, then $300 is the maximum you could claim (although many camps are actually less than paying a 'regular' child care provider).

Also note that if NCP is able and willing to watch the child(ren), then that can be used to mitigate their obligation to pay.