can ex do this??

[faithnlve]

What is the name of your state? Vermont. I received notice for a modification of child support based upon money my ex received. My ex filed the motion. He is claiming that he received 150,000.00 from his parents and that since his income for the year was raised and he had to pay taxes on it that he can use it as income. He is telling me that since child support is based on both incomes equally and added together then percentage of time is included my child support will go up because his income went up. Is this right?? I cant afford to pay him 40% of 150,000 + 27,0000 (my income). Please help. Faith

 

[critterperson]

What is the name of your state? Vermont. I received notice for a modification of child support based upon money my ex received. My ex filed the motion. He is claiming that he received 150,000.00 from his parents and that since his income for the year was raised and he had to pay taxes on it that he can use it as income. He is telling me that since child support is based on both incomes equally and added together then percentage of time is included my child support will go up because his income went up. Is this right?? I cant afford to pay him 40% of 150,000 + 27,0000 (my income). Please help. Faith

Your ex is smoking dope....His income went up by 150,000 so he feels that your child support would go up? NOT! If your income increases child support would go up if he petitioned for it... Also, I am not sure but I think Vermont is the shared income model here is a link to a child support calculator
http://www.divorcehq.com/calculators/vt_supportcalc.shtml copy and paste it into your browser and see what you get.....Good Luck!

 

[CarrieT]

What is the name of your state? Vermont. I received notice for a modification of child support based upon money my ex received. My ex filed the motion. He is claiming that he received 150,000.00 from his parents and that since his income for the year was raised and he had to pay taxes on it that he can use it as income. He is telling me that since child support is based on both incomes equally and added together then percentage of time is included my child support will go up because his income went up. Is this right?? I cant afford to pay him 40% of 150,000 + 27,0000 (my income). Please help. Faith

Wow! well that makes alot of sense! So to string it out further, in essence your ex is saying that if YOUR income goes down to... nothing... and HIS goes up to triple.. YOU will owe MORE child support than now because your combined income is now half again more than what it has been?

I think he believes you to be too foolish to check his 'facts' ... but we know YOU are smarter than that

Here is a link for the support guidelines for VT. See if that helps

http://www.ocs.state.vt.us/OCS_Guidelines/OCS_External_Guidelines.htm

Carrie

 

[haiku]

actually in states with "shared income models" Support can go up, if the the CP's income goes up.
whether or not it is true in this case depends on whether VT is one of those states, and also an inheritence does not always count as income for child support purposes

 

[NotSoNew]

hes partly right

in shared income model states, child support is based on the total of both parents incomes, so the support would increase

however HE is responsible for the percentage of support equal to the his percentage of the total income.

for example. lets say he made 150,000 total and you made 27,000 total

thats 177,000 total combined

he is responsible for 84% of the child support total amount and you are responsible for 16 percent. So the amount you are responsible for would NOT go up. So he is very misguided here.

 

[LdiJ]

He has to be kidding.....he is going to TOTAL himself in court on this one. Even with an income shares model its not going to increase your support....and it might even LOWER it. Most judges would probably just laugh him out of court....but some judge might be pissed off enough at him for even bringing it to court, that they would hammer him.

My state is an income share's model, and I just ran the numbers on our official state child support calculator.

Example: without the 150k both parent's incomes are 27k Child support for the ncp would be 78.00 per week, without any other variables (child care etc) being included.

However, if you add 150k to dad's income, under the income share's model (which includes credit for parenting time) dad would actually owe 136.00 a week in child support TO MOM.

This one could REALLY bite dad in the butt.

 

[AmarieNorton]

What what would his point even be in bringing this to court? To make the NCP's life worse? Why would he say "hi judge, I had a larger income last year so I want you to raise the support of my ex based on the extra 150K I had last year."

Even if he does that, what happens the next year when he doesn't have that extra "income"? It'll bite him in the butt again cause then won't the court be expecting him to make 150K more "income" (since he reported it as income) every year?

 

[LdiJ]

What what would his point even be in bringing this to court? To make the NCP's life worse? Why would he say "hi judge, I had a larger income last year so I want you to raise the support of my ex based on the extra 150K I had last year."

Even if he does that, what happens the next year when he doesn't have that extra "income"? It'll bite him in the butt again cause then won't the court be expecting him to make 150K more "income" (since he reported it as income) every year?

You have it backwards.

Mom is the ncp. The cp (dad) is claiming that he can say that the 150k from his parents is income to him, and that it will cause ncp (mom's) child support obligation to increase.

 

[SingleMom67]

Oh, did the middle school let out already? Durn, where has the day gone?

 

[faithnlve]

Our state is a shared income state. The guidelines combine both cp and ncp yearly gross income. I have the kids 40 % as the ncp, he has them the other 60%. I did the calculations based upon combining incomes and my child support does go up. But these guidelines are a bit confusing. They combine incomes then divide by percentage time for each parent...then that percentage time is divided by combination of both incomes?? That can't be right. I would be paying out more than I make just about. This is not uncommon for my ex....I am pulled into court an average of 3 times per year. That is how he keeps tabs on me. Faith

 

[LdiJ]

Our state is a shared income state. The guidelines combine both cp and ncp yearly gross income. I have the kids 40 % as the ncp, he has them the other 60%. I did the calculations based upon combining incomes and my child support does go up. But these guidelines are a bit confusing. They combine incomes then divide by percentage time for each parent...then that percentage time is divided by combination of both incomes?? That can't be right. I would be paying out more than I make just about. This is not uncommon for my ex....I am pulled into court an average of 3 times per year. That is how he keeps tabs on me. Faith

Please find an online child support calculator for your state....you are figuring it wrong.

The way the income shares model works is that the two parents combined incomes determine a total support figure. The the parent's percentage of the total support is figured....again, based on their incomes.

Then debits and credits are done based on insurance and daycare costs. THEN credits for parenting time are included.

There is simply no way that an increase in income for him would increase your child support.