Will my ex husband still pay child support if I make more money now? 22 Answers as of June 23, 2013

I am wondering if my ex husband will still be obligated to pay child support to me for his daughter if I earn more money now than when documents were filed? We have joint custody.

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Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
Most California Court's use the program called "DissoMaster" to calculate child support. It is a very complicated calculation which is based primarily on how much money each party earns and how much time each party spends with their child(ren). The DissoMaster requires a lot of other information to be considered, including, but not limited to the following: a) your tax filing status and how many exemptions you claim; b) how many children you have with the other parent; c) taxable vs. non-taxable income (wages, self-employment income, interest, dividends, rental income, capital gains, losses, etc.; d) your itemized deductions such as mortgage payment, property taxes, medical expenses, charitable contributions, etc.; e) whether you are remarried; f) adjustments to income; g) who pays health insurance and how much it costs; h) hardships; and i) other miscellaneous items and expenses. Given the limited amount of information provided by your question, it is difficult to determine whether you will still be entitled to receive child support without having additional information. However, be advised that it is the public policy of the State of California for each parent to contribute to the support of their children regardless of their respective income. Since this is a very complicated area of the law, you should consult with a Family Law Attorney or Forensic Accountant to discuss these issues in more detail.
Answer Applies to: California
Replied: 9/27/2011
Reza Athari & Associates, PLLC | Riana Durrett
Under Nevada Revised Statute 125B.145, the child support amount can be reviewed every 3 years, upon request, or anytime on the basis of changed circumstances. Under that statute, a change of 20% or more in income is deemed to be considered changed circumstances. My office is well-experienced in assisting in these matters and provides free consultations.
Answer Applies to: Nevada
Replied: 9/26/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
He would have to file for a downward modification based on a change of circumstances... It wouldn't be done without him filing that petition.
Answer Applies to: New York
Replied: 9/26/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
What is the custody?
Answer Applies to: California
Replied: 6/23/2013
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Your ex husband is obligated to pay the same amount for child support unless and until he sues for a reduction. If he sues for a reduction, whether or not the reduction is granted will depend on how much your raise was, whether or not his income has increased during the same time, and a few other factors. If your raise was substantial and he still makes the same money, it is likely he will get a reduction, but not likely that his support will be eliminated unless you share 50-50 custody or he obtains more custody time.
Answer Applies to: Louisiana
Replied: 9/23/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    For how child support in a joint custody situation is calculated, see http://www.willicklawgroup.com/child_support.
    Answer Applies to: Nevada
    Replied: 6/21/2013
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Yes. Your ex will still likely have to pay child support. However, the amount of the child support will probably change if your incomes have changed in a significant way.
    Answer Applies to: Washington
    Replied: 9/23/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Possibly, but at a minimum, his obligation will be reduced rather than terminated.
    Answer Applies to: Michigan
    Replied: 9/23/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    It depends. In Massachusetts your child's father has the option of filing a complaint for modification to modify the amount of child support that he pays based on your increased income, because Massachusetts takes into account the payee's gross weekly income when calculating a child support order. Keep in mind that a Massachusetts court will apply the following standards in determining whether the child support order should be modified: (1) "guidelines inconsistency" and (2) effecting a fair and reasonable allocation of parental resources. So, it is not certain that a court will or will not modify your judgment if your child's father files a complaint for modification of that judgment; instead, it will depend on whether the court finds that the allocation of parental resources has changed in his favor, reducing his obligation accordingly.
    Answer Applies to: Massachusetts
    Replied: 9/23/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    Yes.
    Answer Applies to: New Jersey
    Replied: 6/3/2013
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Yes but the amount may change - but he would have to move for a modification.
    Answer Applies to: Connecticut
    Replied: 9/23/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, if the other party took you back to court, he could seek a modification of child support under the child support guidelines, but generally, it wouldn't eliminate the obligation, even though it might be reduced.
    Answer Applies to: Georgia
    Replied: 9/23/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you share physical custody equally and make substantially the same amount of money as your ex spouse, it is quite likely child support would not be ordered. If it is ordered, it would decrease if your income has gained substantially.
    Answer Applies to: Minnesota
    Replied: 9/23/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    Your support may be modified based on your higher earnings. Without knowing both of your incomes it is impossible to state for certain as to whether he would be obligated to continue to pay support or how much the support would be reduced.
    Answer Applies to: California
    Replied: 9/23/2011
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    The dissomaster used for guideline child support takes onto consideration the incomes of both parents. If you are making more now, he will pay less. It is only fair.
    Answer Applies to: California
    Replied: 9/23/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If you each have 50% custody, depending upon who provides health insurance and at what cost, everything else being equal except for earnings/earning capacity, the higher income parent would owe support to the lower income parent.
    Answer Applies to: Pennsylvania
    Replied: 9/23/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Your question cannot be answered without comparing all the financial information concerning your ex's income and your income. He might have to pay less and, theoretically at least, you might have to pay him child support if your income is significantly higher than his. "joint custody" has no meaning with respect to child support - it is the actual amount of time in each home and the gross income of each party that controls. But, the existing child support order will remain in effect until one of you files a motion to modify. Modification may be justified if a new calculation shows that the necessary change is more than 10% different from the existing order.
    Answer Applies to: Colorado
    Replied: 9/23/2011
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