Can my ex take me back to court to ask for more child support if we have physical and legal joint custody? 19 Answers as of January 09, 2013

Since we have physical and legal joint equal custody, in the divorce settlement papers I have agreed and have been paying a set amount in child support. A year and a half after the divorce she has said she wants almost double what I have been paying and what is in the divorce papers. Can she ask and would she be able take me to court and try to get me to pay more support?

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Law Office of Lenore Tsakanikas, PLLC
Law Office of Lenore Tsakanikas, PLLC | Lenore Tsakanikas
She can file Modification of Child Support if there is a change of parenting time or financial information.
Answer Applies to: Arizona
Replied: 1/9/2013
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
She can always "take you to court" to ask for a modification of the court ordered child support. Whether she will succeed requires information about all the relevant financial information and the specific law of the state where the current child support order was issued. You need to contact an attorney who can discuss all that relevant information with you and provide an opinion about whether she will succeed.
Answer Applies to: Colorado
Replied: 1/9/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If your income has significantly increased or hers has significantly decreased, it is possible that child support could be modified. You should consult with an attorney in order to determine best how to proceed before agreeing to anything and/or if she files papers.
Answer Applies to: Florida
Replied: 1/9/2013
Victor Varga | Victor Varga
Anyone can ask, question is whether the court will grant it. Support is always modifiable, it will depend on whether you make more or she makes less.
Answer Applies to: Maryland
Replied: 1/9/2013
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Support is always reviewable. If the support number using the current numbers changes by 10%, then support will change. If any of the circumstances in the shared parenting plan have changed, that could be a ground for changing support also. If she files, you should consult a local family law attorney.
Answer Applies to: Ohio
Replied: 1/9/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Child support is based on two critical elements: timeshare with the child and incomes of the parents. If the current order was set too low, you have more income or she as less income, then a modification of the child support could produce a higher support amount.
    Answer Applies to: California
    Replied: 1/9/2013
    Hamblin Law Office | Sally Hamblin
    Yes she could. A modification for support can occur.
    Answer Applies to: Michigan
    Replied: 1/9/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    You can modify child support at any time provided the award either increases or decreases by 15% or there has been a substantial and continuing change in circumstance. If your income as increase or decreased that might affect the child support calculation.
    Answer Applies to: Arizona
    Replied: 1/9/2013
    The Legal Center | Richard Manwaring
    Yes, the matter of support is always able to go back to court. The factors for determining child support are incomes of each party and the amount of time each party spends with the children. Even a 50/50 time share can result in one party paying support if that party has a higher income.
    Answer Applies to: California
    Replied: 1/9/2013
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Yes, she can request a modification. Child support is modifiable until the child turns 19 or graduates high school, whichever is sooner.
    Answer Applies to: California
    Replied: 1/9/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    Yes it is absolutely possible. Child support is always subject to change depending upon your respective incomes and time spend with the children. You should consult with a family law attorney in your area as soon as possible.
    Answer Applies to: California
    Replied: 1/9/2013
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If the circumstances have changed since the time the child support orders were entered, then it may be appropriate to modify the orders. If she files an action to modify the support (or presents you with a proposal), I recommend you consult with an attorney to determine if she has properly calculated the proposed support obligation.
    Answer Applies to: Arizona
    Replied: 1/9/2013
    John Russo | John Russo
    Depends on income, even in shared placement arrangements although there is a reduced amount of child support payments do too the fact of the equal parenting time, the parent with the larger income would still pay a reduced rate, so if your income has doubled in the last year or so and theirs has not it is possible.
    Answer Applies to: Rhode Island
    Replied: 1/9/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If there has been a substantial change in circumstances, she can ask. If she has gotten sick and cannot work or she discovered that you lied about your income. She would have a harder row to hoe if it is just that you are making more money. The ex- can always ask. It is not clear that the court will grant the request.
    Answer Applies to: Idaho
    Replied: 1/9/2013
    Law Office of Eric S. Lumberg | Eric S. Lumberg
    Support and custody can always be modified. Hire an attorney to review your case and discuss your options.
    Answer Applies to: Michigan
    Replied: 1/9/2013
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington she can modify the support anytime after two years and anytime there is a substantial change of circumstances.? You can argue against the change.
    Answer Applies to: Washington
    Replied: 1/9/2013
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    If you are in Alabama, only if their isw a materiaql change in circumstances. Rule 32 would apply for determining child support.
    Answer Applies to: Alabama
    Replied: 1/9/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    In California, unless another amount is agreed upon the court will order the child support based on a computer formula. The main variables that go into the calculation are: Mother's income, Father's income, number of children, timeshare of each parent, out of pocket money spent providing health insurance for the child(ren), and tax filing status of each. Child Support can be modified anytime these factors change.
    Answer Applies to: California
    Replied: 1/9/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    If you're earning more money or she's making less she can take you back.
    Answer Applies to: California
    Replied: 1/8/2013
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