hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Hi all! I am new to the forum and found you all because I am trying to figure out what to do in my current situtation.
My XH and I have been divorced for about 9 years now, since our son was a little over a year old. At the time of the divorce, XH did not want to go to court, we came to a custody and visitation agreement on our own and entered it in the divorce decree; we also used to the Virginia Child Support calculator to determine the correct amount.
I have sole legal and physical custody, he has open visitation, but at least EOW; he rarely takes advantage of anything more than EOW, but is always there for that. I keep him informed of major decisions on our son's health and education and we have had no problems on that.
Every few years tho, he decides he pays too much in child support and begins to pay what he thinks is right; it usually works itself out and he returns to the right amount...anyway that is where we are now...he has decided to pay 1/3 of the monthly amount he owes. He says he is going to request a modification, which I agree we should have if he feels he is paying too much.
I doubt he is actually going to do it, based on history and I don't want to continue discussing money with him - it makes things very tense. I am considering requesting a modification myself.
My question is - our son no longer goes to traditional childcare as he is 10 years old; but in the winter and the summer, I sign him up for afterschool camps and summer camps, to keep him active and not sitting at home in front of the TV - how would those costs figure in to child support?
Also he recently needed braces, it was a $1200 up front cost and $200 a month for the next 2.5 years; I did not ask XH for money for this, as I felt the child support would cover it; but if we are going to have it reviewed, can I factor these new costs in?
Thank you in advance
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javajunkiee
Carpal \'Tunnel
Reged: 06/01/08
Posts: 3158
Loc: SC
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Have you both run the calculator again based on incomes? If incomes have increased he may be in for a rude awakening and his cs may go UP, not down.
You can factor in health expenses, and IMO, should put them in. Dad should share in the responsibility of the health care.
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Marriage doesn't come with a money-back guarantee.
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Thanks! I have no idea what his income is anymore. He changes jobs every year or so.
Should I go for a review or file something for his short payments?
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Renny
addict
Reged: 09/24/11
Posts: 479
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If you file for modification the case is wide open and you can get discovery -- Find out his income. It may costruzione you a few thousand to' go that route. The alternative is to after the arrears through contempt or child support services. Does your original agreement say anything about medical and extracurricular expenses?
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Our original doesn't say anything about medical or extracurricular activities as our son was less than a year old when we split up. If I go for a modification can those things be added now?
Even tho I don't want the amount to be lower I think that is the right way to go, if it is supposed to be less then that is fair for the ex. I hope i can bring up those things for consideration and request wage garnishment so the money is out of our hands.
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Renny
addict
Reged: 09/24/11
Posts: 479
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Yes, child support is always modifiable. You can add provisions to address all expenses -- medical, school, extracurricular.
I'd also bear in mind that the child is the one with the right of support. You are collecting support on behalf of the child. It's difficult to argue that less support is in the child's best interests.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20193
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"You can add provisions to address all expenses -- medical, school, extracurricular. "
In my state, school and extracurricular expenses are part of the base cs... medical and childcare are the only additional expenses that can be added to base cs.
"It's difficult to argue that less support is in the child's best interests. "
The child spends eow with the ncp, wouldn't paying more to the cp lessen the support the ncp can provide in their own home? Hard to say if this applies in this case, since no numbers are given, but the ncp provides support in the cp's home as well as their own home, so when you say "less support", which home are you referring to?
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Thanks Renny! I didn't mean I thought less support was best, that is what it sounded like! I hope it doesn't go lower, but worry since I don't pay for daycare any more. Everything else costs a lot more at his age tho. I am ok to have it reviewed so the X understands the expenses and stops trying to make his own determinations. Thanks for your responses!!
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Hi Sherron. Not sure I understand your questions but will try to give more info, tho I don't think I will give true dollars. My XH has decided after 9 years that the amount if child support is too much. He has decided on his own to pay less. He says he wants a modification and plans to pay what he wants until then. I do not believe either of us has had a drop in income probably increases in 9 years. The biggest factor I think maybe we no longer pay for child care. But there are new expenses too. Summer and afterschool camps, costly sports, tutor and braces. The amount should not affect the support he gives our son EOW at his home but if a decrease in the base amount is ordered I want to make sure the new allowable expenses for a 10 year child vs. A baby are brought into the equation. Let me know if you need more info!
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20193
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My question was for Renny, off on a tangent lol.
"The biggest factor I think maybe we no longer pay for child care."
And that will drop off cs, after school care can be added in some states.
"But there are new expenses too. Summer and afterschool camps, costly sports, tutor and braces. "
The only thing that may matter are the braces if they were medically necessary; unless the other categories were mentioned in your divorce decree, they are not likely to be added later on. You didn't mention paying for the child's insurance, but based on camps, costly sports and tutors, I'm guessing you carry insurance and the premium would be added to the base amount in many states (sorry, no experience specific to your state)
Your best bet is to enter your info into your state's calculator
[censored]://[censored].dss.virginia.gov/family/dcse_calc.cgi
Using the base percentages of obligation, you can then guesstimate how much of the insurance premium and after school care could be added to the base amount, as well as what the split is for unreimbursed medical expenses. In my state, the cp pays for the first $250 a year and then can bill the ncp their percentage share. If the ncp does not pay, the cp can then sue in small claims court.
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