Custodial Parent May Not Have Reported Significant Pay Increases
My question involves child support in the State of: Massachusetts
The divorce agreement was finalized early in 2014, and at that time, both parents earned approximately the same amount. The custodial parent received two promotions in the subsequent six months; the first promotion approximately one month after the divorce was finalized, and a second promotion later in the year. The custodial parent is suspected of delaying the first salary increase until after the divorce was finalized in an effort to avoid a reduction in child support and/or paying alimony. Based on industry salary ranges for their current position/title, the custodial parent is thought to be earning at least 40% more than when the support order was determined. The non-custodial parent received a 3% COL increase over the summer.
It is also suspected the custodial parent is receiving a monthly gift "for better day care" from their parents. The custodial parent's live-in significant other watches the children part of the week; the children are at a day care center the remainder of the week.
The non-custodial parent is interested in submitting a petition to modify support, but wants to avoid biasing the court against a petition for joint physical custody to be filed later in the year. The non-custodial parent does not have proof of the custodial parent's financials (tax information exchange was not included in the divorce agreement), only text messages and LinkedIn profile updates. Three years have not passed for the standard review, and a 3% increase does not meet MA's guideline (~20%) for the non-custodial parent to report the change.
Besides recommendations to seek consultation from an attorney (a consultation has been scheduled), the non-custodial parent is interested in advice on the situation and how to proceed.
In general, how will the court look upon the non-custodial parent filing a petition to modify support based on a 3% increase and suspicion of a more than 40% increase on the part of the custodial parent?
If the live-in significant other is receiving "payment" for their care of the children, how is this to be factored into the child support calculations?
Can the non-custodial parent place the burden of (dis)-proof of the monthly day care gift on the custodial parent by requesting the court be provided with bank statements?
If successfully proven, will the monthly gift for day care factored in as income or a reduction of child support costs?
What impact, if any, would there be if the custodial parent failed to report a salary increase of 20% or more?
Thanks in advance for any advice and insight.
Re: Custodial Parent May Not Have Reported Significant Pay Increases
NCP needs proof. Alas, the court won't help the NCP obtain said proof.
First things first though. This may save the NCP from spending money unnecessarily. Who has custody at the moment, and what has changed since that order?
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No hon, that's not how it works. The NCP has the burden of proof. The CP cannot prove a negative. Even with bank statements, exactly what does the NCP think will happen?
Re: Custodial Parent May Not Have Reported Significant Pay Increases
The children are with the custodial parent. Non-custodial parent has made all child support payments, and currently spends more time with the children than is specified in the divorce agreement.
What has changed since the order? Non-custodial parent has received a 3% COL salary increase. Custodial parent has received two promotions that should equate to at least a 40% increase in salary, taken the children out of full-time professional day care, and put the children in 3/5 care of the live-in significant other. The custodial parent has also taken other actions, but none with real bearing on a modification of child support.
Optimally, the non-custodial parent would like to see a reduction in child support based on what should be a significant increase in the custodial parent's salary, decreased child support costs and additional income gifted by the custodial parent's parents. However, the non-custodial parent doesn't want to detrimentally impact a petition (to be filed later in the year) to modify custody to joint physical/shared.
Re: Custodial Parent May Not Have Reported Significant Pay Increases
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InfoSought
The children are with the custodial parent.
That's what "custodial parent" means. That the parent is designated the CP.
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Non-custodial parent has made all child support payments, and currently spends more time with the children than is specified in the divorce agreement.
Excellent!
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What has changed since the order? Non-custodial parent has received a 3% COL salary increase. Custodial parent has received two promotions that should equate to at least a 40% increase in salary, taken the children out of full-time professional day care, and put the children in 3/5 care of the live-in significant other. The custodial parent has also taken other actions, but none with real bearing on a modification of child support.
Optimally, the non-custodial parent would like to see a reduction in child support based on what should be a significant increase in the custodial parent's salary, decreased child support costs and additional income gifted by the custodial parent's parents.
Decreased child support costs? If by that you mean "daycare got cheaper", the NCP should be warned that those "reduced" childcare costs will suddenly go up and the CP will have receipts showing this.
Forget gifts. Those are not income.
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However, the non-custodial parent doesn't want to detrimentally impact a petition (to be filed later in the year) to modify custody to joint physical/shared.
I'm asking what has changed since the current custody order was put into place.
Of course the NCP wants to pay less. Goes with the territory. But I'm not convinced the NCP understands the reality here.
The question of custody needs to be answered, too. :cool:
Re: Custodial Parent May Not Have Reported Significant Pay Increases
Thanks for the answers and insight so far. They are greatly appreciated!
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Dogmatique
I'm asking what has changed since the current custody order was put into place.
Boiled down, the non-custodial parent has received a 3% COL salary increase and spends more time with the children than is specified in the current custody order. The custodial parent has received two promotions that should equate to at least a 40% increase in salary.
The non-custodial parent understands there is high likelihood that the significant other provided day care and the gifts won't be factored into a modification of child support, but saw no harm in inquiring. A large concern is the view of the court of the non-custodial parent filing the petition to modify support based on the 3% COL increase, thus forcing the custodial parent to provide recent pay stubs and a recalculation of child support payments based on current incomes. The non-custodial parent is aware that if there is a reduction, it is not backdated.
Re: Custodial Parent May Not Have Reported Significant Pay Increases
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InfoSought
Thanks for the answers and insight so far. They are greatly appreciated!
Boiled down, the non-custodial parent has received a 3% COL salary increase and spends more time with the children than is specified in the current custody order. The custodial parent has received two promotions that should equate to at least a 40% increase in salary.
The non-custodial parent understands there is high likelihood that the significant other provided day care and the gifts won't be factored into a modification of child support, but saw no harm in inquiring. A large concern is the view of the court of the non-custodial parent filing the petition to modify support based on the 3% COL increase, thus forcing the custodial parent to provide recent pay stubs and a recalculation of child support payments based on current incomes. The non-custodial parent is aware that if there is a reduction, it is not backdated.
Okay. Here's what I need to know:
What does the most current order state in terms of custody and visitation
How long has the NCP been exercising more time (and are we talking days? overnights? what?)
Re: Custodial Parent May Not Have Reported Significant Pay Increases
The custodial parent is suspected of delaying the first salary increase until after the divorce was finalized in an effort to avoid a reduction in child support and/or paying alimony.
So the custodial parent's employer was willing to screw around with their payroll and compensation programs for the sole purpose of helping one employee avoid a support order? Remarkably cooperative employer, there.
Re: Custodial Parent May Not Have Reported Significant Pay Increases
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Dogmatique
What does the most current order state in terms of custody and visitation
How long has the NCP been exercising more time (and are we talking days? overnights? what?)
Shared legal custody with full physical custody to custodial parent.
Non-custodial has visitations as follows:
T/Th from 5-7 PM
Alternating weekends, from Noon on Saturday to 7 PM Sunday
Alternating holidays, reasonable times on birthdays, and 2-3 weeks of "vacation time" per year
The non custodial parent's visitations have been as below, going back to approx. 2 months before the current order took effect.
T/Th 3-7 PM
Alternating weekends starting at 9 AM on Saturday through 7 PM Sunday
Approx 2-4 extra evenings or overnights per month
The non-custodial parent doesn't expect this extra visitation time to have any impact on the amount of child support calculation.
Re: Custodial Parent May Not Have Reported Significant Pay Increases
Okay seriously - quit the lackapronounblues.
NCP has standard visitation. To change that he needs either Mom's agreement, or a substantial change in circumstances. I see neither is present.
Re: Custodial Parent May Not Have Reported Significant Pay Increases
The father isn't worrying about a change in custody at present and does not intend to file for a modification of custody until later in the year. There are other factors in play that need to be resolved before tackling custody.
The father is primarily concerned if a petition to modify support based on a 3% salary increase will be looked at unfavorably by the court. He has every reason to believe the mother has received increases in salary that total more than the 20% threshold. A recalculation based on current incomes would see a reduction in the amount the father pays.