Ask Experts Questions for FREE Help !
Ask
    dadwithaproblem's Avatar
    dadwithaproblem Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 14, 2013, 11:34 PM
    Divorce Finalized with Shared Custody Can I End Child Support Payments?
    Hello All,

    Background:
    Looking for some help and guidance. I am attempting to change my child support arrangement with my ex-wife because it is freaking killing me financially and has been since the day I got divorced; however, I dealt with it because I was making decent money and still finding ways to make ends meet. That is all changing as I'm now laid off. I'm doing some part time consulting occasionally; however, it's not steady enough to be relied upon for long. Obviously I'm searching like heck to find a new permanent gig. However, I'm sure my next gig won't pay anywhere near my old salary (at least not initially, I'm expecting to take a dip of 35 - 40%).

    Specifics Regarding Divorce Agreement:
    We have a 50/50 shared custody arrangement. We each have the kids for 7 nights out of every two week period. I've been paying ex-wife about 27% of net in child support and a small fixed amount in alimony ($700). My goal is to end the child support payments altogether since we both have the kids equal amounts of time. I'd even be OK with continuing child support at a much lower rate due to the differences in income between she and I (although part of the reason for the difference is that she quits every decent job that she gets).

    We're at the point now where the alimony is up for review for the first time since the divorce was finalized. Yes, I have a lawyer. I am working with the same guy who did the original agreement. He seems very reluctant at trying to tackle a change to the child support arrangement (I suspect part of the reason is that he was deeply engaged in writing the original agreement). I am trying to push him to go and tackle it. Obviously, I wish that I had pushed back on the agreement when we first did it. However, my lawyer (same guy) was coaching me that this was going to be a good deal. It wasn't until after the divorce was finalized and I started sharing more with people that I came to start wondering if my deal was a good deal. Most others I've spoken with who had shared custody deals are paying zip in child support. That's what I want!

    My questions:
    1) Am I even in the right ball park regarding shared custody agreements? Do most people get into a shared custody arrangement and pay zip in child support?

    2) Am I barking up the wrong tree trying to use the same lawyer to change an agreement that he made? (*Note: The guy came highly recommended by some of his peers. Although, it took me about 30 seconds watching him in front of the judge to realize that while I'm paying the bill, he feels like he has to keep his rapport with the judge and OC intact to help him with his other cases. *)

    3) What info can I present to my current attorney to help move him to feeling like he needs to work hard for me to get this change (if it's even possible)?

    Thanks for reading and I appreciate any full or partial answers to my questions.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Feb 15, 2013, 01:21 AM
    In some states even if you have shared custody then one parent may be still required to pay child support.
    It depends on your state' laws.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
    Ultra Member
     
    #3

    Feb 15, 2013, 06:43 AM
    I would not use the same lawyer you had before. If you don't him/her, then forget it.
    I would find myself another lawyer, tell him/her the whole story, and let them handle it. I do wish you the best, and good luck.
    I am not a lawyer, nor a professional in this area. I did go through a divorce, after 7 years of marriage.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Feb 15, 2013, 06:47 AM
    I will agree, just having 50/50 does not mean you will not pay support, in some states , GA is an example, it looks at the number of days and the income,

    If for example you make a lot more than ex, then you still pay support even with 50/50

    But that depends on state,
    Also if you have less income, a lot less, you can modify the order based on income change also.

    A change in support order should have been filed and been part of the new custody agreement
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Feb 15, 2013, 07:43 AM
    Support is based on income. If you income changes, you can certainly ask the court to review the support award and modify it. If you lawyer is reluctant to do this, I would get another attorney.

    As noted, having shared custody does not necessarily mean shared support. It depends on local laws.

    Also, unless you both live in the same school district, shared custody won't work with school age children.
    dadwithaproblem's Avatar
    dadwithaproblem Posts: 2, Reputation: 1
    New Member
     
    #6

    Feb 15, 2013, 08:36 AM
    Thanks for the help folks.

    At this point I am seeking a second opinion from a second attorney. I'm not ready to drop my current attorney because he appears to be well respected in the area (I was originally referred to him by a former divorce attorney who left the business, then referred to him again by a second attorney and her law partner because they don't do work in my county).

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Divorce, child custody & support [ 1 Answers ]

What if I don't have money for an attorney, is there another way to file for divorce, custody, and support?

Shared Custody: support included [ 3 Answers ]

Hello, Looking for direction and clarity. I am in Ohio. Do shared parenting agreements included child support? Thank you for your feedback.

Child support and shared custody [ 3 Answers ]

Hi. I'm new to this site. I'm researching this topic for my husband. He currently has joint legal custody of his son, with his ex having physical custody. This is the order from their divorce, which was 11 years ago. My stepson is now 14. His mom lives up the street from us, less than a mile...

Shared Physical Custody and Child Support [ 1 Answers ]

My ex-husband and I have a current child support order where he pays me $130 a week, which was lower than a typical child support order if I was the only custodial parent. We have shared physical custody so we reduced the amount of the order. Is there a guideline for shared physical custody...


View more questions Search