Remarriage, two incomes, and child support.

What is the name of your state? MO

My ex is not currently ordered to pay child support, due to a couple of reasons.

1) At the time of the divorce, he was self-employed with no verifiable income.
2) We have a 50/50 visitation split.
3) He was paying for daycare at the time that the divorce was final, and so it's ordered that he pay that.

We've been divorced for a little over a year, and a lot of things have changed.

1) He's now employed, and making about 2x what I make.
2) He put the kids on his insurance at work.
3) He's remarrying in September.

I spoke to my attorney (we're currently working on a custody modification) and she said that with the incomes and the fact that he's paying child care and insurance, that I'd only qualify for about $150/month in support. I'm trying to decide if that's really worth the fight. However, if I fill out the child support calculator for my state online, it comes out to more like $475. Why the discrepancy?

Also, when he DOES remarry, is their joint income considered when assessing child support, or is his considered seperately? The only reason I ask is because I'm under the impression that child support is intended to sort of 'equalize' the standard of living for the kids, and when he marries, their combined income will be nearly 4x what I make. Clearly a completely different standard of living.

You should ask your lawyer about the discrepancy.

His spouse's income will not be taken into account. She is not responsible for supporting your kids.

stealth2 said:

You should ask your lawyer about the discrepancy.

His spouse's income will not be taken into account. She is not responsible for supporting your kids.

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I didn't mean to imply that she was. I was just thinking about it from the 'standard of living' angle, and wondering how the two incomes affect things. I would expect that child support would be adjusted if I got married to someone who made significantly more than my ex. This doesn't happen?

I'm certainly not looking for a free ride. I've been supporting my kids for over a year with no child support. It's not as if I can't continue to do it, I was just curious about how all of these things work.

When you use the calculator are you also putting in the 50/50 visitation split? The fact that he covers insurance? The fact that he pays for day care? You probably are entitled to some support but you also have to consider the above facts.

And no, his new wife's income won't come in to play. She's not responsible for supporting his/your children.

Smarty Panties said:

When you use the calculator are you also putting in the 50/50 visitation split? The fact that he covers insurance? The fact that he pays for day care? You probably are entitled to some support but you also have to consider the above facts.

And no, his new wife's income won't come in to play. She's not responsible for supporting his/your children.

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Yes, I put in the split (the calculator asks how many OVERNIGHTS he has the kids each year. This is less than 50/50 because I have them every Sunday, Monday and Tuesday night - even when he has them on Sunday days).

I also included child care and insurance as things that he pays. (Though I was guessing on the amount of the insurance premium). Without those things figured in, it was almost $1100 in support.

CJane said:

Yes, I put in the split (the calculator asks how many OVERNIGHTS he has the kids each year. This is less than 50/50 because I have them every Sunday, Monday and Tuesday night - even when he has them on Sunday days).

I also included child care and insurance as things that he pays. (Though I was guessing on the amount of the insurance premium). Without those things figured in, it was almost $1100 in support.

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The income of your ex's new spouse has no bearing whatsover on the amount your ex has to pay for the support of your children together. They are not her kids and only his income will be considered when determining how much he should pay. In likeliness, you could marry a millionaire tomorrow, and your ex cannot have his cs reduced based on your new husband's ability to contribute to your household. While certainly your kids would benefit from such a luxury, they are still the legal financial responsibility of you and your ex, and he has to pay his share according to his income.

If you have researched your state's cs guidelines, and found the amount to be very different from what your attorney is saying, you need to seriously discuss this with him before you move forward. It's good to be well-informed. While many on this site may disagree, there are some attorney's who "just accept and agree" to the opposing parties statements without further work or research simply because they don't want to put forth the effort. You get what you pay for.

How will this affect if hubby has business

STATE: PA, but married in NJ
We are newlyweds and I have a business that started in 11/04. The business is under my maiden name (and still is). As a married couple, I know my husband automatically (by default) becomes an owner of this business. How will this affect his child support obligation, if any? I have not submitted my official name change as of yet but will do so in a few days/months. I state this because I don't know if this has any bearing with the IRS since his SS # will be tied in to my my SS# now that we are married.

J2

asawa - you'd be best off starting your own thread, rather than hijacking this one.

stealth2 - didn't think that was hijacking...ok. will open another thread..thx!