What are my chances?

[tboroff0207]

What is the name of your state (only U.S. law)? Nebraska
First off sorry if this posts twice. I'm new and trying to figure this out. I have joint custody of my 3 boys. I am listed as 50.14% and their father as 49.86%. I am ordered to pay child support. I over pay based on Nebraska law to incorporate some child care costs as I would not be able to afford both CS and child care (his mother always paid it while we were married and pays the remainder after my check is received). I am also required to carry the health insurance for them whether I am employed or not. This wouldn't be a big deal, but I do not get any credit in the child support calculations for it so I pay all of their insurance premiums and he pays none. I have been going to school to get my master's degree in teaching for the last year while working full time in retail management. This degree requires 18 weeks of student teaching; thus I stopped working this week and start student teaching next week. Once I find out what is expected of me from my participating schools, I will return to work part time. Unfortunately, due to our custody arrangement I do not have a great availability for working and will probably only be able to work 18-20hrs a week. I would not be able to work the days I have my children as I would have to let their father have them (we have a right of 1st refusal clause in the decree) and I feel I run the risk of him trying to get full custody since in this situation he would have them the majority of the time. This is a voluntary choice as I would like to better support my family and have more time with them. It has always been tough providing for my children while they are in my care as well as in their father's. I am wondering what your thoughts are on my chances of a temporary suspension or modification while I am not employed full time.

 

[Antigone*]

What is the name of your state (only U.S. law)? Nebraska
First off sorry if this posts twice. I'm new and trying to figure this out. I have joint custody of my 3 boys. I am listed as 50.14% and their father as 49.86%. I am ordered to pay child support. I over pay based on Nebraska law to incorporate some child care costs as I would not be able to afford both CS and child care (his mother always paid it while we were married and pays the remainder after my check is received). I am also required to carry the health insurance for them whether I am employed or not. This wouldn't be a big deal, but I do not get any credit in the child support calculations for it so I pay all of their insurance premiums and he pays none. I have been going to school to get my master's degree in teaching for the last year while working full time in retail management. This degree requires 18 weeks of student teaching; thus I stopped working this week and start student teaching next week. Once I find out what is expected of me from my participating schools, I will return to work part time. Unfortunately, due to our custody arrangement I do not have a great availability for working and will probably only be able to work 18-20hrs a week. I would not be able to work the days I have my children as I would have to let their father have them (we have a right of 1st refusal clause in the decree) and I feel I run the risk of him trying to get full custody since in this situation he would have them the majority of the time. This is a voluntary choice as I would like to better support my family and have more time with them. It has always been tough providing for my children while they are in my care as well as in their father's. I am wondering what your thoughts are on my chances of a temporary suspension or modification while I am not employed full time.

Your unemployment is voluntary and unless your children don't have to eat, be fed or clothed during that time, I don't see it happening.

 

[tboroff0207]

They do have to do all of those things, but shouldn't it be divided 50/50 when we have joint custody? I would understand more if I didn't have custody of them. I just don't really understand the law fully. Thanks for your response.

 

[tboroff0207]

Here's an update. He is buying a house. He is not selling the house he is in. My name is still on those loans even though I do not have any legal interest in the house or its sale. I asked him how he was going to buy this second house and be allowed 2 mortgages. He said he is paying cash for it. I don't know how this is possible. He says it is due to a good paying job and selling a couple of songs (i don't know what that means as he never wrote music when we were together) Anyway, as I said before, I am unemployed right now because I have started student teaching (meaning it is a voluntary unemployment for school) Does the fact that he can afford to buy a house with cash and I can't afford much more than the care of my children when they are with me change anything?

 

[La-a]

Here's an update. He is buying a house. He is not selling the house he is in. My name is still on those loans even though I do not have any legal interest in the house or its sale. I asked him how he was going to buy this second house and be allowed 2 mortgages. He said he is paying cash for it. I don't know how this is possible. He says it is due to a good paying job and selling a couple of songs (i don't know what that means as he never wrote music when we were together) Anyway, as I said before, I am unemployed right now because I have started student teaching (meaning it is a voluntary unemployment for school) Does the fact that he can afford to buy a house with cash and I can't afford much more than the care of my children when they are with me change anything?

No. It's not a matter of what he can buy vs. what you can buy.

Child support is calculated according to state guidelines.

 

[mistoffolees]

Here's an update. He is buying a house. He is not selling the house he is in. My name is still on those loans even though I do not have any legal interest in the house or its sale. I asked him how he was going to buy this second house and be allowed 2 mortgages. He said he is paying cash for it. I don't know how this is possible. He says it is due to a good paying job and selling a couple of songs (i don't know what that means as he never wrote music when we were together) Anyway, as I said before, I am unemployed right now because I have started student teaching (meaning it is a voluntary unemployment for school) Does the fact that he can afford to buy a house with cash and I can't afford much more than the care of my children when they are with me change anything?

As you were told, his ability to buy a house has nothing to do with CS. CS should follow state guidelines.

However, it's a little suspicious that he's buying a house for cash not too long after a divorce. If he was hiding assets when you got divorced, you might be able to get a portion of them. I'm not saying that he was - and it may be too late, anyway, but others reading this thread may learn from it. Make sure that assets are identified at the time of a divorce. If the other parent is being cagey, do some investigation.

 

[tboroff0207]

I know I may sound stupid and selfish, but I just don't fully understand the system. I understand child support to be *correct me if Im wrong) to help support children while in the care of the parent who makes less money, as there were 2 incomes supporting them before the divorce. If he is able to do this, its obvious his income is more than mine. So why would I have to pay for the children while in his care? I pay for them when they are in my care, which is 50% of the time. These questions aren't meant to be catty, they are serious. I understand my children need support, Im just trying to understand the system.

 

[mistoffolees]

I know I may sound stupid and selfish, but I just don't fully understand the system. I understand child support to be *correct me if Im wrong) to help support children while in the care of the parent who makes less money, as there were 2 incomes supporting them before the divorce. If he is able to do this, its obvious his income is more than mine. So why would I have to pay for the children while in his care? I pay for them when they are in my care, which is 50% of the time. These questions aren't meant to be catty, they are serious. I understand my children need support, Im just trying to understand the system.

As a general rule, you're close to 50:50 (with you having the slight majority). If your ex's income is greater than yours, he should be paying you CS and vice versa. HOWEVER, they will likely use imputed income for you since you are voluntarily unemployed.