Child support modification


#1

Last child support order was from 2009 as it was adjusted when I had a child graduate from high school and age out.

I have another child who graduated this spring and will turn 18 in September so the support will need to be modified again. I am the custodial parent and noting has changed as far as over nights. My income has remained the same. The guidelines were followed last time and it was in the form of a court order

What has changed is that he has a different job with a higher salary I am told. Also, in the 2009 order he was paying over $300 in health insurance for the children through a private policy. Last year he told me his new spouse has the children on her family health insurance at her work.

Questions:

  • Is it up to him to file the modification as he will only be responsible for one child in Sept as opposed to two? Or can I file it, although it has not been three years. Does he keep paying the old amount until he files for a modification?

  • How do I get him to show his new income?

  • How do I determine how much to report on the worksheet as his health insurance obligation? I do not know if his spouse pays for the family plan health insurance out of her check or if it is a benefit she is not paying for? How will know if they are honest in telling me that and how much to determine one child is on a family policy?


#2

It may not be in your best interest to file as you would likely see a net loss in child support if you file for termination and modification, since one child is aging out. It might be better to wait and see if your ex files for termination with respect to the one child, at which point you can counter with a motion to modify for the youngest child based off of his new, higher income. You can do this if he files to terminate.


#3

Thank you.

Since the time of the last child support order my ex spouse stopped paying his post separation support which is about 3 times the amount of what child support is so it has made my finances very tight and has caused me to take on more debt. I know that what I need to do is file a contempt of court for failure to pay PSS.

I was wondering if at the time of the child support modification, could I also address the contempt of court?

Or, is it possible to file a motion to ask for a deviation from the guidelines to have the child support increased for the remaining child. Nothing has changed in the expenses of the child but by not having the PSS that was ordered, it is difficult to provide for this child and to pay the bills related to the child’s care and to care for the house (I am living in the marital home) I have full custody


#4

No, you will need to file contempt against him for not paying the PSS payments. Child support is a separate issue.