What is the name of your state (only U.S. law)? MS
Overview and facts:
Three kids: K, 18; S, 15; and C, 10. I have custody, mom pays child support.
Child support in MS goes to age 21. It is based on a % of AGI as follows:
1 child - 14%
2 children - 20%
3 children - 22%
Mom is currently ordered to pay child support in the amount of $900 per month for 3 kids. That is 22% of an AGI of $49,500. Her current AGI is +/- $76,500.
So, K, who is 18 years old, moved out of my house and moved into my parents house. She has a part-time job (20-30 hours per week) and just started her 1st semester of community college. I am paying 1/2 of her college expenses and I continue to pay her cell phone bill, which is on my account.
OK, so mom contacted me about the child support. I agree with her that it needs to be changed to reflect that K is not living here any more. But we don't agree on how it should change.
Mom originally stated that she was going to start sending me $600 per month and sending $300 per month directly to K. I said no, that isn't how this works. I told her that I think the most fair way to do this is to agree to remove K from the order and recalculate child support based on 2 kids. So change it from 22% to 20% of her AGI. That way she would only be paying child support for the 2 kids who still live with me. Then she was free to send whatever she wanted to K, as could I.
She won't agree to this because her income has gone up so much that, while we would be lowering the %, the amount would actually increase to $1,275 for 2 kids. She stated that she isn't paying more, period.
At one point she said she would just take me to court and ask the judge to order me to pay my parents 14% of my AGI since K lives with them. She keeps saying that she will only agree if she doesn't have to pay anymore than $900 per month total like she is now, and if I agree to have it put in the order that I will send a certain % to my parents as child support for K and she will too. So basically, she wants to send me $600 per month and she wants to send my parents $300 per month, and she wants me to send my parents $300 per month. And she wants this in the order.
I do not agree to adding 3rd parties to our child support order. I do not agree to having it ordered that either of us sends child support to the adult child who decided to not live at home anymore.
I feel that K is an adult and made an adult decison to not live at home anymore, and I don't feel that either of us should be held to supporting an adult who doesn't live at home. I will continue helping my daughter out, but as I deem appropriate. I feel that mom should do the same, or not, based on what she wants to do.
So, how does this actually legally work when child support goes to age 21, but an 18 year old child moves out? Wouldn't it make the most sense to remove said child from the order and refigure child support for the 2 remaining children?
Overview and facts:
Three kids: K, 18; S, 15; and C, 10. I have custody, mom pays child support.
Child support in MS goes to age 21. It is based on a % of AGI as follows:
1 child - 14%
2 children - 20%
3 children - 22%
Mom is currently ordered to pay child support in the amount of $900 per month for 3 kids. That is 22% of an AGI of $49,500. Her current AGI is +/- $76,500.
So, K, who is 18 years old, moved out of my house and moved into my parents house. She has a part-time job (20-30 hours per week) and just started her 1st semester of community college. I am paying 1/2 of her college expenses and I continue to pay her cell phone bill, which is on my account.
OK, so mom contacted me about the child support. I agree with her that it needs to be changed to reflect that K is not living here any more. But we don't agree on how it should change.
Mom originally stated that she was going to start sending me $600 per month and sending $300 per month directly to K. I said no, that isn't how this works. I told her that I think the most fair way to do this is to agree to remove K from the order and recalculate child support based on 2 kids. So change it from 22% to 20% of her AGI. That way she would only be paying child support for the 2 kids who still live with me. Then she was free to send whatever she wanted to K, as could I.
She won't agree to this because her income has gone up so much that, while we would be lowering the %, the amount would actually increase to $1,275 for 2 kids. She stated that she isn't paying more, period.
At one point she said she would just take me to court and ask the judge to order me to pay my parents 14% of my AGI since K lives with them. She keeps saying that she will only agree if she doesn't have to pay anymore than $900 per month total like she is now, and if I agree to have it put in the order that I will send a certain % to my parents as child support for K and she will too. So basically, she wants to send me $600 per month and she wants to send my parents $300 per month, and she wants me to send my parents $300 per month. And she wants this in the order.
I do not agree to adding 3rd parties to our child support order. I do not agree to having it ordered that either of us sends child support to the adult child who decided to not live at home anymore.
I feel that K is an adult and made an adult decison to not live at home anymore, and I don't feel that either of us should be held to supporting an adult who doesn't live at home. I will continue helping my daughter out, but as I deem appropriate. I feel that mom should do the same, or not, based on what she wants to do.
So, how does this actually legally work when child support goes to age 21, but an 18 year old child moves out? Wouldn't it make the most sense to remove said child from the order and refigure child support for the 2 remaining children?