Child Support Adjustment

[fuquam]

Oregon.

Brand new here. I'm running out of options so I thought I'd give this a shot. I got absolutely screwed when I went through my divorce. I had a terrible attorney who encouraged me to settle with everything. $6K later I was broke and in debt. Two years later not much has changed. I can't afford an attorney and have no idea what I can do on my own. My ex-wife works full-time but needs child support payments so she can fly back and forth to LA where her boyfriend lives so negotiating amicably is not going to be an option. We have two kids together ages 9 and 6. I have them every other weekend friday - monday and every wednesday night. Three times a year I have them for a solid week. Here are my questions. Thanks.

1. Both kids go to after school care. My son will turn 10 this year. At that time he will legally be allowed to be home alone so after school care is no longer necessary. Can this be grounds for renegotiation being that it will then become a voluntary activity?

2. One of the many things I settled on was giving up my rights to custody on major holidays. I now wish I hadn't settled on that. Is this something I can later attempt to get holiday time on alternate years?

3. Though health coverage could not have factored into my support payment (I'm guessing by the insane amount of money I pay her) I did agree to pay for the kids' health insurance and pay any medical expenses. I'm about to change jobs and will be without coverage for 4 months. I can't afford COBRA but am actively looking into what options I have. Can I force my ex-wife to cover the kids on her insurance?

4. I no longer live in the house that we own together. Both names are on the mortgage and she lives there with the kids. If/when she sells the house am I entitled to half of the sale/equity and can she sell the house without my consent being that my name is still on the mortgage?

 

[single317dad]

Oregon.

Brand new here. I'm running out of options so I thought I'd give this a shot. I got absolutely screwed when I went through my divorce. I had a terrible attorney who encouraged me to settle with everything. $6K later I was broke and in debt. Two years later not much has changed. I can't afford an attorney and have no idea what I can do on my own. My ex-wife works full-time but needs child support payments so she can fly back and forth to LA where her boyfriend lives so negotiating amicably is not going to be an option. We have two kids together ages 9 and 6. I have them every other weekend friday - monday and every wednesday night. Three times a year I have them for a solid week. Here are my questions. Thanks.

1. Both kids go to after school care. My son will turn 10 this year. At that time he will legally be allowed to be home alone so after school care is no longer necessary. Can this be grounds for renegotiation being that it will then become a voluntary activity?

If Mom has primary physical custody (which seems to be the case from your description of visitation schedule), then she will decide whether the children need daycare.

2. One of the many things I settled on was giving up my rights to custody on major holidays. I now wish I hadn't settled on that. Is this something I can later attempt to get holiday time on alternate years?

It is entirely possible to petition the court for a change of custody and/or visitation. You'll need to prove a substantial change in the children's circumstances to do so successfully.

http://courts.oregon.gov/OJD/OSCA/cpsd/courtimprovement/familylaw/pages/flpacket4.aspx

3. Though health coverage could not have factored into my support payment (I'm guessing by the insane amount of money I pay her) I did agree to pay for the kids' health insurance and pay any medical expenses. I'm about to change jobs and will be without coverage for 4 months. I can't afford COBRA but am actively looking into what options I have. Can I force my ex-wife to cover the kids on her insurance?

Are you changing jobs voluntarily? Your ex-wife won't be held responsible for your decisions. If you agreed to provide coverage, then you need to provide coverage. Chances are your case wouldn't even be heard by the time these 4 months pass anyway.

You could ask her to cover the kids, and offer to pay the difference, assuming that's even possible with enrollment periods and such to consider.

4. I no longer live in the house that we own together. Both names are on the mortgage and she lives there with the kids. If/when she sells the house am I entitled to half of the sale/equity and can she sell the house without my consent being that my name is still on the mortgage?

How was the asset (house) divided in the divorce decree?

Ownership of the house is unrelated to liability for the mortgage.

 

[fuquam]

Thanks for the reply.

Yes I'm changing jobs voluntarily. Good to know.

I have a feeling she was rewarded the house since she was rewarded everything else. So if that's the case I guess I am stuck on a mortgage of a house that I can no longer reap the benefits of. Also if I get to the point where I can buy a house I'll never qualify due to being stuck on the mortgage.

 

[TinkerBelleLuvr]

Loss of insurance is a qualifying event for the mother to place the children on her work insurance as long as it is a viable option.

The government allows you to get the child and dependent care credit to 12 so afterschool care is most likely to continue.

 

[fuquam]

Good to know. Thanks for the reply.

 

[single317dad]

Thanks for the reply.

Yes I'm changing jobs voluntarily. Good to know.

I have a feeling she was rewarded the house since she was rewarded everything else. So if that's the case I guess I am stuck on a mortgage of a house that I can no longer reap the benefits of. Also if I get to the point where I can buy a house I'll never qualify due to being stuck on the mortgage.

Yes, that's usually an unfortunate circumstance, to the regret of the party that initially agreed to such an arrangement.

I recommend you review your original divorce decree (and any subsequent modifications) carefully, perhaps during a consultation with a different attorney, to determine exactly what they say and how it affects you.

 

[LdiJ]

Loss of insurance is a qualifying event for the mother to place the children on her work insurance as long as it is a viable option.

The government allows you to get the child and dependent care credit to 12 so afterschool care is most likely to continue.

Just to clarify, the government allows the custodial parent to get the dependent care credit to age 12...the non custodial parent is not eligible for the credit.

 

[Ohiogal]

Oregon.

Brand new here. I'm running out of options so I thought I'd give this a shot. I got absolutely screwed when I went through my divorce. I had a terrible attorney who encouraged me to settle with everything. $6K later I was broke and in debt. Two years later not much has changed. I can't afford an attorney and have no idea what I can do on my own. My ex-wife works full-time but needs child support payments so she can fly back and forth to LA where her boyfriend lives so negotiating amicably is not going to be an option. We have two kids together ages 9 and 6. I have them every other weekend friday - monday and every wednesday night. Three times a year I have them for a solid week. Here are my questions. Thanks.

You have no clue what child support is for. It is a reimbursement to the other parent for a portion of what is spent on the children.

1. Both kids go to after school care. My son will turn 10 this year. At that time he will legally be allowed to be home alone so after school care is no longer necessary. Can this be grounds for renegotiation being that it will then become a voluntary activity?

Nope. Mom doesn't have to allow a 10 year old to be home alone. And where did you get the idea that 10 is the magic age?

2. One of the many things I settled on was giving up my rights to custody on major holidays. I now wish I hadn't settled on that. Is this something I can later attempt to get holiday time on alternate years?

What has changed?

3. Though health coverage could not have factored into my support payment (I'm guessing by the insane amount of money I pay her) I did agree to pay for the kids' health insurance and pay any medical expenses. I'm about to change jobs and will be without coverage for 4 months. I can't afford COBRA but am actively looking into what options I have. Can I force my ex-wife to cover the kids on her insurance?

Why are you changing jobs?

4. I no longer live in the house that we own together. Both names are on the mortgage and she lives there with the kids. If/when she sells the house am I entitled to half of the sale/equity and can she sell the house without my consent being that my name is still on the mortgage?

Are you on the deed? And who was awarded the home in the divorce? How did the divorce state the equity should be dealt with?