Deviation from the guidelines


#1

When each child ages out (turns 18 and has graduated from high school) your ex is free to file for a modification of support to reduce his child support payments. If his paying for college expenses has not been negotiated and he has not been ordered to do so he is not obligated. I can tell you that the amount you receive going from 3 children to 2 will not be substantially less, especially at the level you are currrently scheduled to receive. I am not sure why you would want to/need to record all of your expenses for the household as that is not what is concerning you, it is college costs. I suggest that your children pursue grants, loans and scholarships as this is not only the smart thing to do but what everyone else is doing, regardless of income.
At least the grants and loans will now be based on YOUR income and not on his which will make it more likely that they will get them then previously.
Our situation is similar in some respects as we have one in college and will have 2 in for 2 yrs as well. My husband has worked out and will continue to work out arrangements with them when he no longer has to deal with his ex-wife and plans on helping them with costs.


#2

It depends on whether the order states it is temporary or permanent child support. If it is temporary it will be redetermined by the court at some point in the near future. If it is not temporary, then that will be the amount until someone files a motion to modify. If he does not file a motion to modify when your oldest child ages out then, it will remain the same. If he does file a motion to modify, it will change based on each of your financial circumstances at the time.

If you intend to ask for a deviation of guidelines in the future, you should keep a record of the expenses you incur for the children.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

WHen the court deviates from the guidelines in determining child support how do you decide on the amount when one child ages out. Court decided on an amount of 4100 for 3 minor children. Two questions. This was decided in a trial before the divorce and along with a PSS amount. Is this only temporary or is this the amount until the oldest ages out (will happen in 2 years) Next question. Will we go back to court to then determine the amount for only 2 children since the same situation exists (spouse is a high money maker). should I keep record of all my expenses for the children and the househol.

I may sound greedy but I am also a mother now with 4 children approaching college - starting this year and then continuing every 2 year for 4 kids. There will be a 7 year period when 2 are in college at the same time. Spouse absolutely refuses to agree to any college financial agreement. He says “I will pay if I can” That makes it hard to plan.