CJane
Senior Member
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?
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?