Child Support and relocation to another state

[jc24]

When I first divorced, my ex and I worked out a divorce agreement for child visitation and child support. Thanks to a lack of homework on my part and a poor lawyer, I agreed to pay too much child support (We used a sole parenting worksheet in NJ instead of the shared parenting worksheet).

I explained the error in the calculation to my ex and she agreed that the numbers were not accurate based on the fact that he was spending 130 overnights with me so therefore we should have used the shared parenting worksheet (instead of the sole parenting worksheet). We agreed to meet with her lawyers and recalculate the numbers.  My ex agreed to suspend the child support payments until we had a new number (no, I didn't get it in writing).

13 months later, we still haven't met with her lawyer. My ex remarried and moved to PA. I sold my house and moved to PA to be close to my son. Yesterday, my ex tells me that since she's been a resident of PA, she's filing to have the divorce decree moved to PA and the PA guidelines say that my child support amount is going to double.

Obviously I'm looking for any and all advice. I'm new to this website and these forums and I'm cursing myself for not finding it earlier.
Does anyone know of any good lawyers in Quakertown PA that I could use?  With the exception of the child support, the visitation is excellent (50%). I'm concerned if I fight hard that she might try and reduce my visitation rights.  I'm concerned that I stopped paying based on a verbal agreement and now she can just say I was in contempt. Please respond.

[rini]

hello

I am hoping that you already have some sort of agreement on paper in NJ.  If so and you are just not complying with that order the order will be refigured in Pa using the NJ guidelines.

if you just came to a verbal agreement and there is no paperwork filed in nj then she can certainly file the paperwork and have the case move to PA

my experience with pa does indicate that you will not recieve a discount for your amount of parenting time.  pa requires 40% to qualify for a discounted rate.  nuts huh!!!


let me know what kind of paperwork you have in the fire in NJ i am sure i can be of some help to you if only to tell you what to do next

I hope you have been putting aside the amount that you should have been supplying for your child support because you have not paid for over a year and to be honest you should be sending support with your parenting arrangement even if it is at the lower rate that you have figured.

rini

[jc24]

Thanks rini for the response.

I've got the money set aside. I actually put it into a separate account knowing that I'd need it eventually.

My ex and I do have a signed agreement in NJ. All I wanted her to do was refigure the numbers using the shared parenting ws instead of the sole parenting worksheet. Other than that, the agreement is fine and the ex and I are getting along well for our child's sake.

My understanding is that my ex has a lawyer in PA and the lawyer is prepared to file a motion if that's how they decide to proceed. My ex and I sat down to discuss the issue and she suggested a child support number that is lower than the one in our agreement from NJ and it's much lower than the number I anticipate if PA does take over jurisdiction. My problem is that it's still significantly higher than it should be if we had used the shared parenting ws.

I keep waivering between settling for a payment that I think is too high and fighting for what I think is fair. The downside to fighting is that the process will become emotional and who knows what the courts will say. I'm concerned that they might even say I'm in contempt for withholding the support payments and will make me pay more and possible even limit my visitation. As I said earlier, right now my visitation is unlimited by my ex... I see my son all the time and she's been very flexible. I'm guess I'm worried about turning things hostile.

Sorry so long. Any additional advice is greatly appreciated.

[rini]

i am sorry the original response was somewhat misleading because of the relocation issue.

i misspoke because of your relocation to PA also you have given the state of pa residential power using the UIFSA guidelines that all states had to adopt by 2 years ago

your relocation has increased your visitation time though keep accurate records showing the amount of overnights even if you have to go the extra mile to ensure that you get the child over night up to or over 50%

try the parenting time sheet on this site i have heard that it is excellant.

calculate every minute you spend and every happy meal you purchase

i have calculated alot of cs amounts and would be willing to help you figure the amount under the pa guidelines so that you can compare

once you relocate to another state and establish a residency there you give that state the power to enforce and calculate your support order.

had you remained in nj you could have blocked her move and used that as leverage to calculate support.  with your shared parenting you could have made her relocation next to impossible.

no use crying over spilt milk lets work with the info you have in your favor now and try to get you the best cs agreement possible under the circumstances.

i have heard of quakerstown how far from pittsburgh is it?

my thoughts are to save both of you money and time to come up with an agreement that both of you are happy with

i have to say though that a lump sum for the past year that you have not paid support would be a nice little negotiation +++++.

if you provide me with the figures your net and her net or if hers is 0 because hubby is supporting her i need her previous job for imputation of income.