Child support modifications after new job...

[amberlea434]

My fiance and I are relocating from Tennessee to Louisiana in approx. 8-9 months. He is currently working with his ex-girlfriend to modify visitations with his 8 year old daughter. We're confused and concerned about how we should modify the child support payments. He's currently paying almost $600/month based on his salary at his current job. He will, obviously, be leaving said job when we move and will not know his future salary until he establishes another job in Louisiana. How should he state this in the parenting plan without having to go back to court and modify it again? We thought of stating it as he would continue to pay the current amount UNTIL he establishes a new job and the amount would change accordingly. Would this work? (We're just trying to work something out to where we won't have to turn around and travel BACK to Tennessee to go to court and get everything changed again.)

Also, their parenting plan has not been modified in four years. He has had several raises in that period of time and has increased his child support accordingly without going back to court to get the papers modified. Just wanted to mention that just incase.

 

[fairisfair]

My fiance and I are relocating from Tennessee to Louisiana in approx. 8-9 months. He is currently working with his ex-girlfriend to modify visitations with his 8 year old daughter. We're confused and concerned about how we should modify the child support payments. He's currently paying almost $600/month based on his salary at his current job. He will, obviously, be leaving said job when we move and will not know his future salary until he establishes another job in Louisiana. How should he state this in the parenting plan without having to go back to court and modify it again? We thought of stating it as he would continue to pay the current amount UNTIL he establishes a new job and the amount would change accordingly. Would this work? (We're just trying to work something out to where we won't have to turn around and travel BACK to Tennessee to go to court and get everything changed again.)

Also, their parenting plan has not been modified in four years. He has had several raises in that period of time and has increased his child support accordingly without going back to court to get the papers modified. Just wanted to mention that just incase.

your boyfriend quitting his job to move, without having another job in place, will be seen by the court as voluntary unemployment. His child support will most likely be based on his current income.

 

[amberlea434]

Right, I understand that. But, he and his ex are not going to have to go to court over this. They are in complete agreement with all of the modifications and are allowing an attorney to file it and have it signed by the judge. Meaning, she is okay with him paying child support based on his current income and agrees to him modifying that amount, albeit less or more, when he establishes a new job. We're just trying to find out HOW we need to state that in the papers...

 

[CJane]

We're just trying to find out HOW we need to state that in the papers...

I'm a little unsure why your fiance is worrying about having the papers state ANYTHING until he establishes employment in LA if he's planning to pay more than what's currently ordered anyway.

Get the visitation stuff ready to file, and when he finds a job in LA, work with mom THEN to modify child support accordingly.

 

[amberlea434]

That's a good idea, but would we have to go back to TN to get that modified? That's what we're trying to keep from having to do. We want to have it all taken care of by the time we move so we won't have to turn around and go right back. (We won't have the money or the time to do that seeing as we're trying to set everything up in our new location.) His ex is in total agreement right now, but has been known in the past to go back on her word. So, we're trying to get everything settled and legalized so she can't go back and change her mind.

 

[CJane]

That's a good idea, but would we have to go back to TN to get that modified? That's what we're trying to keep from having to do. We want to have it all taken care of by the time we move so we won't have to turn around and go right back. (We won't have the money or the time to do that seeing as we're trying to set everything up in our new location.) His ex is in total agreement right now, but has been known in the past to go back on her word. So, we're trying to get everything settled and legalized so she can't go back and change her mind.

Ok.

Go here: http://www.state.tn.us/humanserv/is/isdownloads.htm (just copy the link and paste into your browser) and download the calculator. Put in the appropriate information for your fiance and his ex and ascertain what his CS SHOULD be according to state guidelines.

Figure out how close that is to what he's paying NOW and what he's ORDERED to pay (since you've indicated that these are different amounts).

TN is going to retain jurisdiction, so the calculator will be helpful in determining what his CS will be once he's found a new job as well.

The problem w/modifying it now w/a provision to modify it again later is that once you open the can of worms for modification, it's a whole new ballgame. So, even if mom is in complete agreement RIGHT NOW, if she's not once y'all are settled, you've saved yourselves nothing at all.

Is CS handled via the state CS agency right now?

Is there a provision in the new visitation plan for who is paying for transportation?

 

[amberlea434]

We've used the calculator every time he's had a raise in the past four years, which is 21% of his net income for one child. That's fairly simple to figure out, anyway. So, that's what he's done in the past without going back and forth to court to get it changed and his ex has been okay with it. So, legally speaking, he's completely accurate with his payments based on the percentage that is required by the Tennessee Code.

And to answer your other questions, the child support is not handled via the state agency. He writes her a check bi-weekly and hand delivers it when he goes to pick up his daughter every other weekend. And, yes, he made sure to state in the new plan that he will pay any and all transportation costs, as well as half of all medical bills and will still be carrying health insurance for her.

(Thank you, by the way, for responding and helping answer my questions.)

 

[CJane]

We've used the calculator every time he's had a raise in the past four years, which is 21% of his net income for one child. That's fairly simple to figure out, anyway. So, that's what he's done in the past without going back and forth to court to get it changed and his ex has been okay with it. So, legally speaking, he's completely accurate with his payments based on the percentage that is required by the Tennessee Code.

And to answer your other questions, the child support is not handled via the state agency. He writes her a check bi-weekly and hand delivers it when he goes to pick up his daughter every other weekend. And, yes, he made sure to state in the new plan that he will pay any and all transportation costs, as well as half of all medical bills and will still be carrying health insurance for her.

(Thank you, by the way, for responding and helping answer my questions.)

I think TN recently changed to an 'income shares' state in which both parents' incomes are taken into account instead of using a flat percentage. Might want to double check the amounts.

And while he's possibly paying the 'legally correct' amount, he's only OBLIGATED to pay whatever the current order states - his overpayment is not considered child support at all.

 

[amberlea434]

But could he get in trouble for paying what the order currently states even though his salary has went up? Who's fault would it be for not modifying the order?

 

[CJane]

But could he get in trouble for paying what the order currently states even though his salary has went up? Who's fault would it be for not modifying the order?

He's only bound by the court order. Most people revisit the issue of CS every few years, but not all. He's not going to get in trouble for only paying what he's ORDERED by the court to pay...

 

[amberlea434]

He's only bound by the court order. Most people revisit the issue of CS every few years, but not all. He's not going to get in trouble for only paying what he's ORDERED by the court to pay...

Wow, that's good to know. We were under the impression that it could be detrimental to him if his child support didn't reflect a salary increase (or decrease, for that matter) even if the order wasn't modified. So, there's no such thing as the court saying "you should have modified your papers every time your salary changed" ? Because we're afraid that could come back to bite him in the ass and he'd be stuck with an arrearage...

 

[CJane]

So, there's no such thing as the court saying "you should have modified your papers every time your salary changed" ? Because we're afraid that could come back to bite him in the ass and he'd be stuck with an arrearage...

Not normally. There needs to be a SIGNIFICANT change in incomes for a modification to even be considered - usually the CS would have to increase/decrease by around 20% for the courts to consider a modification 'worth it'. They don't want you in there every 6 months or year or whatever any more than you (your fiance) wants to be there.

Generally an arrearage only goes back to the date that the modification was filed for, not to the actual increase in pay.

 

[amberlea434]

I'm sure they would classify the change in his income as significant. He went from $12/hr. to $38,000/year.

 

[CJane]

I'm sure they would classify the change in his income as significant. He went from $12/hr. to $38,000/year.

He's not going to be penalized for not changing the order.

I think it's GREAT that he's being so incredibly responsible about paying his support and paying more as his income increases - that's fantastic and not enough non-custodial parents do that. But he's not generally going to be REQUIRED by the court to modify every time his income changes. Really.

 

[triviafreakdad]

Not normally. There needs to be a SIGNIFICANT change in incomes for a modification to even be considered - usually the CS would have to increase/decrease by around 20% for the courts to consider a modification 'worth it'. They don't want you in there every 6 months or year or whatever any more than you (your fiance) wants to be there.

Generally an arrearage only goes back to the date that the modification was filed for, not to the actual increase in pay.

It's 15% in Tenn.