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?
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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