I am trying to find out some information for my wife who has been divorced for a couple of years. TN had implemented a new law in early 2005 (after her divorce). It is called 'Shares Income CS Program' where the income of the Primary Resident Parent (PRP) is taken into consideration for the Alternate RP. X is stating he is taking her back to court to get his CS dropped since their divorce was prior to the new law since her salary was not taking into consideration.
Has anyone had any type of experience with this issue? If so, please share.
well, some states already so this and some still don't.
NV uses only the NCP.
WV, OH, and AL use both the CP and NCP....
Custodial parent and non-custodial parent.
Suggest you start searching on-line or even call the folks who handle child support and crunch the numbers.
After that, it's hard to say....
Here in Maryland they use both parents income, figure how the childs life would be if the parents had stayed together and then come up with the number the parent will owe. You can go to this site plus in the information and on the last page when it shows how much the parent owes you can read the sheet to get a better understanding. Hope this helps http://www.dhr.state.md.us/csea/index.htmh, click estimate the child support payment link and go from there, keep in mind that this is for maryland though but a lot of states have the same tool available.
Go here to run the numbers yourself:
http://www.state.tn.us/humanserv/is/isdownloads.htm
All support orders are subject to modification. Can the ex get a reduction? unknown without addtional facts.
However, any modification would be calculated under the current guidelines, not the previous ones she originally was under, so YES! he can ask for the modification and if there is a substantial change in his circumstances or the needs of the child, he will likely get it.
It may go up instead of down. run the numbers using his previous income and her current income.
There is no change other than her salary was not taken into consideration under the previous law. From what I am reading, he can only do this if there is a 15% deviation. None of the other modification reasons apply to him. I was just wondering has anyone even tried this since the new Shares Income took affect.
So....once you crunch the numbers under the new formula, IS there more than a 15% deviation?
That's one thing my EX#1 didn't get at all.
We went from two dependents to one dependent. Then crunched the numbers and low and behold, he would owe about $200 more than he was paying for just the one child.
He wasn't too happy....and I told him to leave well enough alone (I'm the CP receiving, mind you). The "lowest" increase was just over the threshold where I could file to get it. He was underpaying as a result of all of his promotions and stuff.....underpaying big time.
crunch the numbers,double check your logic with DHR/CSE and then you'll know where you stand.
GA passed a NEW law on Friday that I found out about today about Child Support Calculations. According to what I understand, they are NOW using an income shares formula (they used to use NCP only). Time spent with the child is NOT a factor. AND parents can't go back to court to adjust their current level of support based on the new calculations. They can go back if the INCOME causes a change, but not if the new formula causes a change. AND it takes effect this summer (I think July 1, 2006).
I know you posted about TN -- but this is close (like next door) to your state and brings up some good questions about how TN is going to do it.