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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 12-16-2011, 03:37 PM
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Default Share Custody Offset CS Maternity Leave

So there is some discussion on the forum about this topic, "Do I have to pay more child support if my ex-partner whom I have shared custody with takes materinty leave for a year because she got pregnant with her new partner?"

Obviously the law is behind on shared custody and it is not clear, but from my reseach here are some thoughts.

In a shared custody agreement, both parties have to pay each other child support because they both have custody of the child. He makes $75k, she makes $50K. For aguments sake, hey pays monthly $750 in CS, she $500, offset amount would be $250 month.

If her income lowers due to a change in circumstances (aka she takes mat leave) she would have to apply for undue hardship (aka loss of income). At that time the judge would have to look at the total household income, not just hers or his alone. If her+partner household income is $100k, and his is still only $75k, an increase in her CS for mat leave would not be granted.

Thoughts?
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Old 12-16-2011, 06:30 PM
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I am not 100% on this, but I don't think they would have to argue undue hardship, rather prove a loss in income...I guess it would depend on what they were making before mat leave...

However, most CS payments are only reviewed/changed once a year, so depending on when Mat leave is taking place, the CS payments would not change...
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Old 12-21-2011, 08:13 PM
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Would it be possible to adjust her CS based on her reduced income for that year? After all, CS is based on your income and people get CS changed all the time, due to a change in income. If so, there would be no requirement for a undue hardship claim. It could be argued that she's not earning to her capacity, but I believe mat leave would qualify as legal justification for her reduction in income.

If she has to go the undue hardship route and her household income is more than yours, then yes, you're right - the undue hardship claim would fail. However, calculating the standard of living in each home can get complicated. The judge doesn't just look at line 150 for each house and call it a day.
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