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Idaho child support and judgment modification

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jrmcdowell49

New member
I'm working on a custody and support modification. By the guidelines, she would have to pay $110 until our son turns 18 then I would end up having to pay $120 even though our daughter will be living with me. The parenting plan I drafted has her with 88 overnights. I'm wondering if the judgment modification form, which will have her paying the minimum of $50 per child per month, will overrule the guidelines as a whole.
 


Zigner

Senior Member, Non-Attorney
I'm working on a custody and support modification. By the guidelines, she would have to pay $110 until our son turns 18 then I would end up having to pay $120 even though our daughter will be living with me. The parenting plan I drafted has her with 88 overnights. I'm wondering if the judgment modification form, which will have her paying the minimum of $50 per child per month, will overrule the guidelines as a whole.
Is this a mutually agreeable modification? If so, then yes, it will control. The judge might want you to explain the reason for the deviation, but if you have a reasonable explanation, it shouldn't be a problem.
 

jrmcdowell49

New member
Is this a mutually agreeable modification? If so, then yes, it will control. The judge might want you to explain the reason for the deviation, but if you have a reasonable explanation, it shouldn't be a problem.
The parenting plan is mutually agreed upon as well as her paying the minimum support required. I re read the judgment modification paper which I am currently working on and it says that if there is multiple children then the support worksheet will be followed. Should I draft a paper stating that the support will remain in compliance with the modification/minimum support from her vice the flip flop of me having to pay her support while our daughter is actually living with me? I just don't agree with how the support law seems to work that I have to give her money due to tax exemptions while I'm doing all the work.
 

LdiJ

Senior Member
I'm working on a custody and support modification. By the guidelines, she would have to pay $110 until our son turns 18 then I would end up having to pay $120 even though our daughter will be living with me. The parenting plan I drafted has her with 88 overnights. I'm wondering if the judgment modification form, which will have her paying the minimum of $50 per child per month, will overrule the guidelines as a whole.
Are you sure that you are running the numbers correctly? If she only has 88 overnights you should not end up paying child support to her.
 

jrmcdowell49

New member
I had court assistance do the numbers. I was told that the flip flop happens because I claim the kids for taxes. She is on SSI only. I'm confused by how it worked out when the finances and the overnights are staying the same. Spoke with child support this morning and even they were saying it probably is the tax exemptions and that she is supposed to be able to have a portion, which I don't agree with either since I'm the one earning the money and taking care of them.
 

LdiJ

Senior Member
I had court assistance do the numbers. I was told that the flip flop happens because I claim the kids for taxes. She is on SSI only. I'm confused by how it worked out when the finances and the overnights are staying the same. Spoke with child support this morning and even they were saying it probably is the tax exemptions and that she is supposed to be able to have a portion, which I don't agree with either since I'm the one earning the money and taking care of them.
Some states do take tax exemptions into consideration so yes, that probably is the reason. However, you should make sure that the calculations have been corrected to follow the new tax laws. Until 2025 a child who is 17 years old or older is only worth a 500.00 tax credit as there are no longer any personal exemptions, unless they are in college and eligible for education credits.

If she is on SSI only then I am very surprised that she has to pay any child support at all. SSI isn't even sustenance level income. If she was on SSDI you normally wouldn't get child support either as the children's benefits would normally replace child support.
 
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