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  1. #1
    Join Date
    Jun 2011
    Posts
    1

    Default Child Support Modification

    My question involves child support in the State of: KY

    Child support ordered early 2009. No court ordered custody at this time. Ex's income decreased a few months after. Early 2010, court orders 50% time and custody. Little one consistently with me about 65% of the time since court order and to present.
    Last month, ex requested a child support mod due to income decrease and shared custody. Child is on his insurance and ex also refuses to pay any out of pocket medical expenses.
    Child support will go down by about $100ish, but ex doesn't feel like he should be paying anything.
    First we have a meeting to discuss, and if we can't come to an agreement, it goes in front of the judge the following month. Ex will likely find out at meeting that the main reason he will still be paying child support is due to little one being with me more time. I'm afraid that he will then refuse to agree to an amount and in the time before court, keep our little one the court ordered 50% time. Then stand in front of the judge and say since he now spends the 50% time with little one, he shouldn't be paying support.
    What would happen in this instance? I would rather have 0 child support than have less time with little one, but I also suspect that he will go back to our current schedule as soon as the child support hearing passes.
    I've been told that perhaps it would be best to just agree to 0 to prevent him from acting in the above way, but the child support is needed and benefits little one. I'll accept 0 if I have to, but I'm just confused and lost at the moment on how I should react to all of this.
    Thank you for any information.

  2. #2
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Child Support Modification

    Do you two make the same amount? He always going to have to pay if he makes more than you. Because the child is suppose to have the same comforts in both households. So when it is 50-50 the one who makes the most pays child support to the other to balance it out.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support Modification

    Lawrence, quite often a 50-50 timeshare results in 0 child support obligation...

  4. #4
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Child Support Modification

    Even if one parent make consideribly more than the other?

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Support Modification

    Unfortunately, it's happened, yes.

    Example:

    Mom earns $16k.

    Dad earns $24k.

    Even though Dad earns 50% more than Mom, it's possible that 0 child support would be ordered.

    (In fact I can confirm that's happened on a local level here)

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