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VeryCurious7 · May 23, 2011, 09:39 AM

My ex sent me paperwork for the potential for modifying our child support agreement. I have joint physical joint legal custody of my 2 children. I have them 50% of the time. We agreed on a child support payment in court to make the incomes more equal. I changed jobs recently. My new job gave me about a 4-4.5% raise. Since the divorce four years ago, I have received small annual raises between 2-3%. In my new position, I do not have quarterly bonuses. I have one annual bonus. See received a percentage of my quarterly bonuses and still receives that percentage of my annual bonus. The net result is my annual pay is lower and I do not have use of a company car. I had to purchase a car. Also as a result, she gets less from me because of the decrease in bonus. I have remarried and have a child with my new wife. She works also. Does this sound like a situation where an increase is warranted. I live in Massachusetts.

AK lawyer · May 23, 2011, 10:20 AM

Originally Posted by VeryCurious7

...The net result is my annual pay is lower and I do not have use of a company car. I had to purchase a car. Also as a result, she gets less from me because of the decrease in bonus. I have remarried and have a child with my new wife. She works also. Does this sound like a situation where an increase is warranted. I live in Massachusetts.

Normally child support isn't fine-tuned with the exactitude of an income tax return. For example, whether you are getting perks such as the use of a car, whether you need to purchase a car, and so forth normally aren't considered. And the fact that you have another child subsequent to the supported child is normally of no consequence. So, although Massachusetts might, I suppose, be different than the norm, it's not likely.

this8384 · May 24, 2011, 07:07 AM

Originally Posted by VeryCurious7

my ex sent me paperwork for the potential for modifying our child support agreement. i have joint physical joint legal custody of my 2 children. I have them 50% of the time. We agreed on a child support payment in court to make the incomes more equal. I changed jobs recently. My new job gave me about a 4-4.5% raise. Since the divorce four years ago, i have received small annual raises between 2-3%. In my new position, i do not have quarterly bonuses. I have one annual bonus. See received a percentage of my quarterly bonuses and still receives that percentage of my annual bonus. The net result is my annual pay is lower and I do not have use of a company car. I had to purchase a car. Also as a result, she gets less from me because of the decrease in bonus. I have remarried and have a child with my new wife. She works also. Does this sound like a situation where an increase is warranted. I live in Massachusetts.

Here's an easy way to figure this out:
http://www.mass.gov/courts/childsupp...guidelines.pdf
Fill it out twice, once with you as the recipient and her as the payor and the second sheet with her as the recipient and yourself as the payor. The difference is what you "should" be paying in child support each month.

From what I'm reading, you're earning more money at your new job - if that's the case, then yes, an increase could be warranted. Had you not divorced, your children would have access to 100% of your income, not just a portion of it. As AK Lawyer noted, things such as a business vehicle being provided to you or not typically do not have bearing on these types of situations - what matters is your income including bonuses.

VeryCurious7 · May 24, 2011, 11:39 AM

What if her income rises at roughly the same percentage per year as mine has. I thought the intent was to make the incomes more equal to maintain the children's standard of living. I would guess that the difference between our incomes is similar today as it was when the divorce took place. My raises have been small over the last several years. I think her annual pay changes would have been similar or greater than the increases that I have received. Therefore the difference in our annual pay is probably the same as it was 4 years ago. I thought that the change in income had to be substantial to warrant a modification.

this8384 · May 24, 2011, 12:13 PM

Originally Posted by VeryCurious7

What if her income rises at roughly the same percentage per year as mine has. I thought the intent was to make the incomes more equal to maintain the childrens standard of living. I would guess that the difference between our incomes is similar today as it was when the divorce took place. My raises have been small over the last several years. I think her annual pay changes would have been similar or greater than the increases that I have received. Therefore the difference in our annual pay is probably the same as it was 4 years ago. I thought that the change in income had to be substantial to warrant a modification.

Did you do the worksheets? No one here knows what your or her incomes are.

VeryCurious7 · May 24, 2011, 12:18 PM

I would only be guessing at her pay right now on the worksheet. She has a job that I would envision her getting at least similar percentage raises that I have received over the last 4 years. Without knowing those numbers, I can't really know. I just don't see my changes being any larger than average to below average.

this8384 · May 24, 2011, 12:29 PM

VeryCurious7]I would only be guessing at her pay right now on the worksheet. She has a job that I would envision her getting at least similar percentage raises that I have received over the last 4 years. Without knowing those numbers, I can't really know. I just don't see my changes being any larger than average to below average.

Anything at this point is a guess. We have a 50/50 chance of being right or wrong. What essentially matters is your income vs. her income due to you having joint custody. If you don't know what her income is, then we can't tell you if you're looking at an increase or not.

VeryCurious7 · May 24, 2011, 12:38 PM

Thank you very much for the input. I guess I thought that there had to be a substantial change to warrant a modification. If both of our incomes haven't changed dramatically and have increased at a similar pace (percentage), I would have thought you could make an educated guess without the specifics. She has the same job and I think it is reasonable to guess that she has received annual raises of 2-5% which is what I have received.

this8384 · May 24, 2011, 12:44 PM

Originally Posted by VeryCurious7

Thank you very much for the input. I guess I thought that there had to be a substantial change to warrant a modification. If both of our incomes haven't changed dramatically and have increased at a similar pace (percentage), I would have thought you could make an educated guess without the specifics. She has the same job and I think it is reasonable to guess that she has received annual raises of 2-5% which is what I have received.

It's impossible to make an educated guess without specifics. I could sit here and tell you yes, absolutely you're looking at an increase or no, you're not going to pay a dime more.

The truth is that we can't tell you anything without knowing what either one of you is earning - that is the entire basis for child support. You'll have to wait for your court date, fill out the necessary worksheets and go from there.