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Originally Posted by Lindsay
If a parent has access to the child[ren] more than 40% of the time, it is likely that child support will be readjusted or made payable by setting off each party's child support obligation against each other. So, although it is true that a parent who has the children 50% of the time would technically be paying full child support, please keep in that the other parent would be paying full child support as well.
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I meant full table amount. And you are correct in the use of the word 'likely'. As in 'not always' and the trend is not to adjust at all.
BTW, I always find that statement very funny "And the other parent is paying full support as well" If that was the case, my children would be receving over 2500 per month based on both parents income and payments. Which is completely absurd. It is the paying parent's income that is paying the way here (for the children and the other parent).
[QUOTE=Lindsay]
Please note that the onus is on the child support recipient to request financial disclosure from the payor (normally the possibility of review is once per year) for the purposes of increasing child support. When disclosure is requested, however, full and frank disclosure must be provided.
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Again, no rules for income going down. Sure you can lower your payment. And if the ex does not like that, off to the FRO and courts everyone goes. Provide dislocure when your income goes up - pay more. Provide discloure when your income goes down - tough luck.
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Just to make things clear to other members - child support must only be adjusted by motion if it has been set out by court order. With a separation agreement, the parties could sign an amending agreement stating the new child support amount or mediate the issue if they are not able to agree on the issue.
Lindsay
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I guess I am trying to explain what really happens out there. Sure, in the perfect world, your income goes up, your support goes up. Your income goes down, your support goes down. Your income is suspended - your support is suspended. With no court intervention. But that is NOT the case. You are correct - you have to have a motion (costing a few grand) to have it adjusted. And, it most likely will not be. Sorry, I am just trying to manage expectations. I am not saying don't go for it. It appears there is one set of rules for one thing (Mom) and another set of rules for another thing (Dad).