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Child Support Modification?

Started by BeKind, May 16, 2012, 02:28:45 PM

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BeKind

My ex and I currently have 50/50 joint physical and legal custody. We divorced just a few months ago and during our mediation I agreed to no child support in order to get everything over with as it was a very volatile agreement process. He currently makes almost twice what I do. I am not overly concerned with the issue yet but as I foresee us back in court for other custody matters, I wanted to get an idea of how this works should I ever try to have the child support agreement modified. We are in NV as I am sure that plays a part. What constitutes a review or modification of the child support obligations? Does there need to be a significant change in circumstances or one of our employments?

Simplydad

If at any time the custody arrangement is where you have more than 50/50 then all you would need to do is file for modification and ask for child support.  Since the custody has been changed that would fall under a change in circumstance.

MixedBag

"Significant Change in Circumstances" is sometimes even defined in the code by a percentage.

Like Child Support has to change by 10% or 15%.....so start getting smart on NV statutes.

Also, be careful about rocking the boat if all is quiet and you two as the parents are still getting along.  k?

BeKind

We do not get along at all, not for lack of me trying however. Not trying to cause any problems, just trying to get an idea of how things are. I like to be as educated as possible about all of this because things are constantly changing. We have had a lot of issues with him not following the CO (I posted this on another board). Unfortunately I have had to involve the police in a few instances in the past and had to deal with a lot of things legally already. I just like to be prepared.

MixedBag

Quote3. My ex is in the military and has plans to get out in the next year. I know his intentions are to move back to where his family is. I currently have an issue with my ex's mother. There was a temporary protective order in place for stalking and harassment. We recently went to court over this, to which the judge issued a verbal order that she is not to contact me for the next few months until we go back to court again. We do have it written into our agreement that if one of us wants to move out of state, we have to go back to court. So I know I can expect this. What should I be doing in the meantime to prepare for this?


THIS....

Do your best to follow the order.

When he gets out or gets transferred, and if he wants to move with the child, YOU have to object to the fact that the child is moving and that the child should stay put.  Let Dad move away, adjust the parenting plan for long distance, and then address child support.

And while the "high conflict" part isn't part of this thread....something hit me when I went and connected the two dots.  If you've only been divorced for 5 months, and now live with a boyfriend, THAT's part of your problem.  I'm not saying your BF isn't a good guy, but way too many times when a new adult enters the picture -- and for you so shortly after the divorce -- the other side goes nutso.  Many times it doesn't matter when that person enters (before the divorce, after the divorce, or WAAAAY after the divorce).

Just think about it, k?

BeKind

We were separated much before our divorce finalized, and he has known about my boyfriend long before I moved in with him or our son was ever introduced to him. The high conflict part is more his personality than anything. He has had to go through anger management classes as well.

Anyway, I'm kind of glad I brought up this child support question, because unfortunately now it really has come into play. I was laid off from my job yesterday. I'm trying desperately to find a new job but the unemployment rate here is ridiculous. Unfortunately for some reason I am ineligible for unemployment benefits because I only worked for my company for 6 months. Now I'm not sure what to do. I have enough to get by for the next 2-3 weeks without issue, but if I don't find a job by then I'm not sure what to do. Would he be able to use me not having a job against me as an argument for custody? I don't even want to tell him, but if I really cannot find a job I may have to file for support.

MixedBag

Not for custody, that's for sure.

As for you and support?  I'd say keep looking and take whatever....k?  Well, not a hooker or porn (trying to make you smile!), but whatever.