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  1. #1
    Join Date
    Oct 2006
    Posts
    1

    Default Child support and change of custody

    State Missouri -

    I'm hoping someone can offer some insight. There is alot to this story so I wont bore you just try to give you the facts. If I miss something please just ask.

    I have two children from a previous relationship that I receive child support for (a 13 and 16 yr old) and two with my current husband. My older childrens father is in arrears by a pretty substantial amount (last check it was around $7000 or so). Our child support order is about 11 years old and hasn't ever been adjusted even though thru time we had both increased in incomes. I don't know how much he currently makes though.

    May of 2005 I quit my job to stay at home with my kids for various reasons. Two in daycare pretty much wiped out my income and I felt that all my kids would benefit more with me home with them anyway. I was having some behavior issues with the older children. I was making approx $34,000 a year at that time but most of that had to do with being with the company for so many years and working my way up the ladder. I don't know if I were to get a job now if I could get near that or not.

    The situtation with my two older childrens behavior has escalated to the point that we are considering sending them to live with their dad. That is where they say the want to live as I have too many "rules for them". While I really don't think this is in their best interest, I'm not sure them staying here is in my three and four years olds best interest. I really haven't decided anything at this point just trying to get information.

    My question is this...if they go to live with their dad how would the child support work? Since I don't work, would they base it on the income I made before I quit even though I quit over a year and half ago or would they use something else? And if they used my old income would I be able to factor in a daycare cost even though there isn't one? It is so confusing! Then on top of that how would they handle the arrears that he owes me? I know I would owe child support, I'm just trying to figure out how it would be figured.

    Any input would be appreciated! Thanks

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Child support and change of custody

    You would be responsible for child support, using the standard guidelines for your state, for 2 children.
    The courts would take into consideration your "Potential for income". My guess is, it would be around $30,000 per year.
    They would also take into consideration his income. If he's very well off, that will help you.
    Your ex would also have to be WILLING to take the kids, is he?
    You could make a deal with your ex, saying you would be willing to forgive the $7,000 in arrears, in exchange for you paying xxx per month for x amount of years.
    Or, if you don't make a deal, I'm not sure what the courts would do about that $7,000 owed to you.
    In the big scheme of things, $7,000 is not usually enough to make the courts hunt him down, and arrest him for being a deadbeat.

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