Can You Adjust Child Support After One Child Reaches Adulthood

[Papi Yanqui]

Just remember, and I know this, that if you have had a significant increase in salaries, you could still wind up paying more.

be careful about running headlong into this...

[ERS]

Thanks for all the replies.


ERS

[mrshiggins]

I am not sure on this but you should find out: I don't think that child support is figured with the spouses income. You have to report it, because it can determine your tax bracket and such, but they will not use your spouses income because frankly she is not responsible for your child support bill.
I woud find a state calculator and put in all the info you know. This will give you an idea. Or you could always go for a consult with an attorney (which can range in money, but can't be too much) and ask them.

[hvg75]

As some of the other posters said, be careful what you wish for. In my state, Child support is:
20 percent for 1 child
28 percent for 2 children

We ran some numbers, and if we asked for child support to be modified now that the older child is 18, we would still have to pay MORE - 20 percent of current income is more than 28 percent of income at the last order.

[EA1970]

that's cool. just didn't want the OP running into court and getting a big surprise.

Definitely. You always want to make sure before you go back in that you aren't going to be putting yourself in a worse position than before you went in.

[ERS]

Ok. I have used the Va. child support calculator and get some enormous amount. Heres the facts. In 1999 my income was 48,000. Now it is 52,000. I have 2 sons that are now 15 & 23. My ex makes approx 35,000 now. In 1999 by court order I started paying $765 a month for both sons in child support. My oldest is now 23. We do have joint custody. But my youngest lives with my ex due to my work schedule. I do pay my ex $334 a month in alimony. She pays health ins approx $100 a month and there are no child care expenses. The figure I get using the calculator is $1400 for just my youngest. Does this sound right ? I really appreciate the help and comments. Just debating on filing a request to modify. At $1400, I am better off where I am $765. Thanks.


ERS

[EA1970]

Ok. I have used the Va. child support calculator and get some enormous amount. Heres the facts. In 1999 my income was 48,000. Now it is 52,000. I have 2 sons that are now 15 & 23. My ex makes approx 35,000 now. In 1999 by court order I started paying $765 a month for both sons in child support. My oldest is now 23. We do have joint custody. But my youngest lives with my ex due to my work schedule. I do pay my ex $334 a month in alimony. She pays health ins approx $100 a month and there are no child care expenses. The figure I get using the calculator is $1400 for just my youngest. Does this sound right ? I really appreciate the help and comments. Just debating on filing a request to modify. At $1400, I am better off where I am $765. Thanks.


ERS

I think you're doing something incorrectly because based on the figures you've provided here, I get a much much lower figure.

Are you putting in only YOUR gross *monthly* income or are you putting in your yearly income?

Also, you need to calculate it for one child, not two. The oldest has definitely aged out.

Any other kids? Has your ex had additional children? Have you?

Also, what is your visitation timeshare?

[ERS]

You are right. I was entering yearly instead of monthly. Neither my ex or myself have any other kids. As far as visitation, we have always got along on this. I see him everyday, pick him up from school, that sort of thing. Anytime, I was planning anything as long as no conflict with prior commitments, no problem. I recalculated and got $556. Compared to the $765 that I pay now, would it be worth filing for a modification ? In your opinion, do most judges stick close to these calculators ? Thanks for the comments and help.

ERS

[EA1970]

Yeah, something seemed off on those figures.

Now that you have the rough figures, go speak to a family law attorney and have them run the figures for you as well and seek their advice. Not sure what they do in VA, but see if the courts use software programs to run the figures and if the attys have access to it (if it's used, they likely will).

Judges go by the guidelines established in the Family Law codes, absent a showing of good cause for a deviation.

At this point it's a decision that you need to make based on all facts and resources available to you. Anything can happen in court - which is why you need to arm yourself with all the info possible.

Go see an attorney and get their opinion on it. They will be able to provide you with the best advice based on the totality of your circumstances.

But now you have at least a general idea.

[ERS]

Thank you.