Child Support Assessment

[CJane]

What is the name of your state? MO

I have filed for a modification in custody, and included a request that the issue of child support be reevaluated. When the divorce was final, it was agreed that no child support would be paid because of several factors - one being the time we each have the kids (50/50) and one being that he was self-employed and had very little verifiable income. Also, he was ordered to pay for daycare.

Since then, we've both gotten 'real jobs' with him making almost 2x what I make. He's also taken the kids out of daycare and designated his new wife as the daycare provider - she quit her job as soon as they were married.

I have filled out the 'Form 14 Presumed Child Support Worksheet' online and it indicates that an amount of $600/month is the presumed amount of child support that he would pay to me if the form was followed exactly.

My question is, when deciding whether to award child support, what other things (besides income) are taken into account? For instance: Will the judge look at the fact that he now has a new dependent who he's solely supporting (and who is also pregnant) when deciding whether he has to pay support for the children from our marriage? Will they assess an arbitrary amount to the 'service' she is providing by being the 'daycare provider' (both kids are school age) and deduct that from the amount? Is only his actual earned income from employment all that is used to determine child support, or do they also look at other income (he has a trust fund)?

I am not trying to 'take him' for anything, I want to be clear about that up front. I've survived for the past year and a half without child support, and can continue to do so. But, I cannot say that child support would go a long long way towards making things easier/more equal for the kids.

While I'm at it, another question: If I am promoted at work, and my income increases, how/when do I notify the court so that they can reevaluate child support again? Is this something that is simply 'looked at' every couple of years, or upon request of one of the parties, or when one of us is making more/less than when support was assessed, are we obligated to file for a change?

 

[eyemback]

I have filled out the 'Form 14 Presumed Child Support Worksheet' online and it indicates that an amount of $600/month is the presumed amount of child support that he would pay to me if the form was followed exactly.

My question is, when deciding whether to award child support, what other things (besides income) are taken into account? For instance: Will the judge look at the fact that he now has a new dependent who he's solely supporting (and who is also pregnant) when deciding whether he has to pay support for the children from our marriage?

He will (or should) get a credit for the child when it is born.

Will they assess an arbitrary amount to the 'service' she is providing by being the 'daycare provider' (both kids are school age) and deduct that from the amount?

It's a possibility. It could be factored in as "parenting time."

Is only his actual earned income from employment all that is used to determine child support, or do they also look at other income (he has a trust fund)?

I do not believe a trust fund would qualify. Both of you would have to produce the last couple of years of tax returns and the last several months of pay stubs.

What about insurance? Who would be paying for that? If he pays for it, that amount you figured will most likely be considerably lower since cost of insurance is considered child support. The parent who has access to the most affordable would be asked to carry it.

What about shared parenting? That usually plays a factor.

While I'm at it, another question: If I am promoted at work, and my income increases, how/when do I notify the court so that they can reevaluate child support again? Is this something that is simply 'looked at' every couple of years, or upon request of one of the parties, or when one of us is making more/less than when support was assessed, are we obligated to file for a change?

If it's a significant amount, an honest person would file for a modification. But in most states, the difference, on average, would be about 17-ish percent. For example, if you got a 3% raise one year, then that wouldn't qualify. But if he was paying insurance and his premiums increased 20% (which is normal these days), then that would qualify for a modification.

 

[CJane]

He will (or should) get a credit for the child when it is born.

Any ideas how much that credit would be? The Form 14 takes into account only court ordered child support for other minor children.

It's a possibility. It could be factored in as "parenting time."

I've been assured by my attorney that the wife providing daycare would NOT be considered parenting time. Hopefully, she's correct.

I do not believe a trust fund would qualify. Both of you would have to produce the last couple of years of tax returns and the last several months of pay stubs.

I didn't think the trust fund would be included, especially since a lot of the money is 'tied up' in UGMA funds that have never been released by his father.

What about insurance? Who would be paying for that? If he pays for it, that amount you figured will most likely be considerably lower since cost of insurance is considered child support. The parent who has access to the most affordable would be asked to carry it.

He pays for insurance for the kids. It's $75/month - or was before he got married and added his wife to the policy, but my understanding is that all that would be counted as child support is the amount that he was paying previously. Correct?

What about shared parenting? That usually plays a factor.

The form 14 asks for the # of overnights that the kids spend with each parent. I put in 180 even though that's not exact. The amount doesn't change much if that number is increased/decreased by 10 or so nights though.

If it's a significant amount, an honest person would file for a modification. But in most states, the difference, on average, would be about 17-ish percent. For example, if you got a 3% raise one year, then that wouldn't qualify. But if he was paying insurance and his premiums increased 20% (which is normal these days), then that would qualify for a modification.

That's what I thought.

 

[NotSoNew]

Any ideas how much that credit would be? The Form 14 takes into account only court ordered child support for other minor children.

The credit is usually equal to the amount you get for claiming one child on your income taxes (i.e. 3100 dollars)

He pays for insurance for the kids. It's $75/month - or was before he got married and added his wife to the policy, but my understanding is that all that would be counted as child support is the amount that he was paying previously. Correct?

he only gets a credit for the portion paying for the kids. For example if its 50 bucks a month to have just HIM covered but 75 for him and the kids then he gets the 25 dollar credit.

 

[betterthanher]

He pays for insurance for the kids. It's $75/month - or was before he got married and added his wife to the policy, but my understanding is that all that would be counted as child support is the amount that he was paying previously. Correct?

No, it wouldn't necessarily be the previous amount. What usually happens is the take the difference between "single" coverage and "family" coverage and use that in the calculation.

The form 14 asks for the # of overnights that the kids spend with each parent. I put in 180 even though that's not exact. The amount doesn't change much if that number is increased/decreased by 10 or so nights though.

Keep this in mind, how much would it cost for him (and you as well) to put them back in daycare? Maybe to save you BOTH some $$$, maybe give him some considerable more "overnight stays" to compensate for that. I would think she might also have the option of starting her own "daycare biz" and start charging. Just a thought.

 

[CJane]

Keep this in mind, how much would it cost for him (and you as well) to put them back in daycare? Maybe to save you BOTH some $$$, maybe give him some considerable more "overnight stays" to compensate for that. I would think she might also have the option of starting her own "daycare biz" and start charging. Just a thought.

Daycare during the school year runs about $300/month. However, his wife is staying home anyway, so it would be silly to have either of us pay that amount for what would amount to 2 1/2 hours two or three days each week. I drop them off at school, and they get off the bus around 340. I pick them up before 6 on my nights, and will be changing my work schedule so that I can get them even earlier.

I honestly don't think that 1) she could get certified to keep more than one or two additional kids if she already has my two and is pregnant. 2) the house would be able to be approved without a LOT of work. It's a 100 year old farmhouse that's been in a state of constant remodel since my ex and I moved in 7 years ago.

And, even if she started 'charging' I doubt a judge would apply that 'charge' (for keeping kids she's the step-mother of) to child support. Even if he DID, it's in the decree that the ex pays for child care, as a seperate issue from child support.

I don't see how trading overnights (which I wouldn't be interested in giving up anyway) would balance child care. Could you explain?