Child Support Modification (and custody?)

[ellekayw]

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

My ex moved out of state Oct 2012. He saw our 3 kids (ages 11, 9, and 7) 4 times last year (about 12 days total). Child support is based on 60/40 visits (him having them about 140 days) but I've the kids 99.99% of the time since Oct 2012- can I file for sole custody and increased support? I know it can't be retroactive. Our divorce was final February 2012.
He has been inconsistent with paying support as it is even though his salary has doubled since our divorce but the main issue is that I basically have the kids ALL the time (and I pay everything for them). He owed arrears in 2013 but started paying me towards the end of the year so I didn't want to change anything. Now, however, he has paid me $1000 since January 2014 and just sent $1000 but told me I can't cash it until April. I'm unsure where all his funds are going since he works in an industry that pays his room, board, meals and has a company car so he has very few monthly expenses.
My worry is that he can up and quit his job out of spite so I go back and forth about disrupting what we have - but then I think I'm not really getting the support now so why not increase it since I'm struggling. He "thanks" me for taking such great care of the kids but thanking me doesn't help me pay the mortgage or food or car.
I started working as a substitute teacher when I can - hard to get a FT job right now since I am sole parent for the kids and it seems they never have a full week of school - and off 1 1/2 weeks for spring break and 2 1/2 months in the summer, etc. and we are at sports activities 6 days a week, including a travel team for one of my kids.

 

[Ladyback1]

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


I started working as a substitute teacher when I can - hard to get a FT job right now since I am sole parent for the kids and it seems they never have a full week of school - and off 1 1/2 weeks for spring break and 2 1/2 months in the summer, etc. and we are at sports activities 6 days a week, including a travel team for one of my kids.

Really? Lots of single moms maintain full time jobs, and have their kids in schools and activities. You may have to cut back on the activities, especially 6 days/wk and the travel team! When do the kids have time to just "be"?

Regardless of that, if you file for sole custody and child support modification, be advised that the court will likely impute your wages as if you worked full time and at least minimum wage.

I do believe that the NCP moving could constitute a change in circumstances enough to warrant a modification. If you do file for modification, I would suggest utilizing your state's agency for child support enforcement. The agency will collect the child support, and then disperse to you. Usually, the agency will garnish the paying parent's wage, so as long as the parent has a job, the payments are more or less automatic.

 

[ellekayw]

Ok

I understand people do have FT jobs - I don't understand how they earn enough for extended day as well as camps all summer long? I need to figure that stuff out and look for a permanent position somewhere - hopefully I can find something within school system.
Yes - 6 days a week sports but not for each child. The kids are always playing outside until late, etc. I'm not too worried about them being just kids - which is my dilemma because I want them to remain happy and care-free.
Anyway - I didn't realize that courts would calculate my non-income 'as if' I am working FT. If that's the case then I'd rather work FT.
I'll make an appointment with our CS office sometime next week.

Should I also file for sole custody or is that just being spiteful? Unsure what the difference would be since I basically am sole custodial parent right now anyway.

 

[LdiJ]

I understand people do have FT jobs - I don't understand how they earn enough for extended day as well as camps all summer long? I need to figure that stuff out and look for a permanent position somewhere - hopefully I can find something within school system.
Yes - 6 days a week sports but not for each child. The kids are always playing outside until late, etc. I'm not too worried about them being just kids - which is my dilemma because I want them to remain happy and care-free.
Anyway - I didn't realize that courts would calculate my non-income 'as if' I am working FT. If that's the case then I'd rather work FT.
I'll make an appointment with our CS office sometime next week.

Should I also file for sole custody or is that just being spiteful? Unsure what the difference would be since I basically am sole custodial parent right now anyway.

You don't have to file for sole custody, just to modify the parenting time to a long distance schedule that more closely matches the time he is actually using.

 

[ellekayw]

Thanks!

OK - thanks so much for your help!