Child Support HELP


#1

Can a judge over ride the state guidelines? I’m taking my x to court inorder for myself to be primary cargive and our custody arrangment to flip, so I will have them atleast 60% of the time. The children prior to summer were living w her and her on and off again boyfriend. Long story short, my attorney feels I have an extremely good chance of winning. WELL, we are looking at doing this temp order and she’s agreed for custody to flip BUT she wants to run our incomes thru the state caculations. When we seperated, we agreed on a #, I pd for their ins and 1/2 of everything else. She was also working at the time we seperated/divorced and now she’s not and hasn’t been for 4 yrs or so b/c she’s mooching off her b/f. SO…with the state spreedsheet, it has having the kids 60% of the time,paying all their insurance,paying all of their daycare AND still having to pay her atleast what I was paying to her b/f all of this if not more.

Is there anything I can do to avoid having to pay her so much? I had to file a motion for change in custody b/c my children just couldn’t keep living in that house hold seeing their mom and b/f drinking all the time and being verbally and physically abusive to each other all the time and not knowing if he was going to kick them out at any moment. I had to do it for the best interest of them and plus they have been wanting to live w me for the past 4-5 years or so, we were just waiting till they got older to see how things were. My x is very unstable not only w her living arrangments but mentally and emotionally as well. She’s been lying to the children about me aswell as about my current wife(who has been in their life for the past 6yrs).

Is there anything I can do? Please help

Is there anything I can do?? Should I try for full custody or decrease her over night visitations

Should I just go ahead and keep our court date if they are wanting me to STILL pay her CS w/ them being w me 60% of the time or will it matter?


#2

The court can deviate from the child support guidelines, and award child support in an amount sufficient to meet the reasonable needs of the children and the relative ability of the parents to provide support, if the court finds by a greater weight of the evidence that the application of the guidelines would not meet, or would exceed the needs of the child considering the relative ability of each parent to provide support, or that the application of the guidelines would otherwise be unjust or inappropriate.