child support changes

[youngatheart]

My divorce was finalized on July 13th, 2005 in Oklahoma.  We finally came to an agreement, and he and his attorney took it before the Judge to be signed.  As stipulated in the agreed upon decree, we share Joint Custody of the children, with me being primary in the school year, and him being primary in the summer (from one week after school ends until one week before school resumes).  We also alternate weekends and holidays all year long.

My ex is 100% disabled, but still makes 3 times what I make (from the VA and Social Security), even when you figure figure in what I receive from Social Security for our children.  I am a preschool teacher at our children's school, so there is no need for childcare.

Following are parts of our decree that are relevant to my questions:

*  "Based on the attached Joint Custody Plan, neither party shall pay child support to the other."

*  "SCHOOL RELATED COSTS.  The parties agree that any costs associated with the children's schooling, including costs for extra-curricular activities, shall be split equally by the parties."

*  "Respondent shall retain the children's social security payments for the benefit of the minor children."

*  "Petitioner (my ex) shall continue to make the monthly payments on the auto loan to XXXX for the auto which is awarded to the Respondent (me), beginning on July 1, 2005, until January 1, 2008, when Respondent will take over payments from Petitioner."

My questions are as follows:

1)  I have the children 2/3 of the time, and make 1/3 of what my ex makes, based on what the decree says about neither party shall pay child support to the other, is there no way I can go back to ask for child support later?

2)  In my state, would the Social Security I receive for our children (based on my ex's SSDI payments) count as his child support, or is it possible it would add to my income in figuring child support?

3)  My ex has been late on the two car payments for which he was responsible.  Is it possible to have the Courts order him to do a direct deposit to the auto loan company?

4)  As a benefit to my employment at my children's school (a private school), the school is covering half of the tuition for our children.  My ex contends that I should still be paying 1/2 of what is left owed after the school writes off their portion.  I contend that what the school writes off is a benefit of my employment, and therefore my half of the tuition.  Who is correct?  

Thank you for your assistance.  

[socrateaser]

>My questions are as follows:
>
>1)  I have the children 2/3 of the time, and make 1/3 of what
>my ex makes, based on what the decree says about neither party
>shall pay child support to the other, is there no way I can go
>back to ask for child support later?

In order to modify support, you need a material change in circumstances affecting the child's best interests. However, in some jurisdictions, if the current support orders are not set at guidelines (and yours aren't), then no change in circumstances is required to obtain a modification. Unfortunately, I don't know if Oklahoma has such a rule. The cheapest way to find out is to ask the state child support enforcement agency, or the county court family law facilitator offfice (if one exists in your county). Or, call a local family law attorney, and maybe you can get that answer for free.

>2)  In my state, would the Social Security I receive for our
>children (based on my ex's SSDI payments) count as his child
>support, or is it possible it would add to my income in
>figuring child support?

The court will likely balance the hardships of the the parent receving the payments and the child's needs. It's not cut and dried.

>
>3)  My ex has been late on the two car payments for which he
>was responsible.  Is it possible to have the Courts order him
>to do a direct deposit to the auto loan company?

Yes, but if the money isn't in the checking account, then the payment will not go through, and still be late.

>4)  As a benefit to my employment at my children's school (a
>private school), the school is covering half of the tuition
>for our children.  My ex contends that I should still be
>paying 1/2 of what is left owed after the school writes off
>their portion.  I contend that what the school writes off is a
>benefit of my employment, and therefore my half of the
>tuition.  Who is correct?  

If you gave up your tuition benefit, would the school pay you the money as extra salary? That is, are you actually being paid one half of the tuition as the result of your labor, or are you getting a discount, because you are an employee? If it's the former, then you have paid one half of the total cost of tuition, because you could take the money as salary, if your child weren't enrolled at school. If the latter, then the total cost of tuition is one half of the cost to the market rate, and your cost is 1/2 of that total cost.

More than likely, your circumstances are the latter, in which case your ex's position is correct.