Change in custody


#1

My ex and I have 3 children ages 13,11 and 6 and have joint custody, we have been divorced for 5 years. The children are with me 144 nights. My wife and I have a child together. We are wanting to move to another state for economic reasons, our desire would be to bring the older 2 children with us and then share custody of the youngest. Based on the distance and school schedules, I estimate that the youngest would be with us approximately 60 nights with the older two visiting their mother about the same amount of overnights. The older 2 children have expressed the desire to live with us full time. Would this be considered split custody? If so, do I factor my wife’s income and our child together into the calculation and can you point me to an adequate online calculator. My ex and I mediated custody and our current alimoy/child support amounts, my hope is that we can renegotiate this, however I need some reasonable basis from which to negotiate. I used a local lawfirm during our divorce, however, I would like to use a different firm to discuss and review anything we come up with, can you give me an estimate of what that might cost at Rosen, assuming we crafted the agreement?


#2

An arrangement such as you suggest would be considered split custody and child support would be calculated on a Worksheet C. Your new family is accounted for in the calculation as follows: Your income and your current wife’s income are used to determine the basic child support obligation for your new child. One half of that amount is deducted from your gross income for purposes of the calculation for support of your other children.

At Rosen we charge flat fees, and do not bill by the hour. You may schedule an initial consultation to discuss the fee for your particular case.