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Child Support Adjustment due to change of arrangement

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  • Child Support Adjustment due to change of arrangement

    Good Day,
    I have been separated now for 5 yrs and been paying support for 2 children who primarily lived with mom. In October of 2019, my eldest had a physical altercation with her mom and I immediately removed her from moms and involved the local PD. Long story short, I have waited since October 25th until last week (March 16th) to finally hear from FRO on the support payment adjustment and they came back with a minimal drop in support. My question is this...

    Why am I paying full child support as if we only had one child in her primary custody? We have two children and one child lives with each parent. should there not be some sort of calculation that would cancel out a certain amount and then because I am the higher income, I would pay the difference, for example,

    $700 mth for 2 children to mom who makes $30k/yrs from me who makes 50k/yrs. One moves in with dad so Mom should now pay dad support base on her income which should be $250/mth and dad pays $460/mth to her. Moms payment should cancel out and that value should be minus dads payment (460 - 250) which would equal $210 that dad pays mom.

    I hope I made sense of all this. How is this right/justified!?!

  • #2
    I wasn’t aware that FRO had the legal ability to adjust child support payments without a court order.

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    • #3
      They have the ability to reduce if one child is no longer entitled. They did so in my husbands case when he pushed them to fix it based on one kid turning 22 as per the order.

      The reason why they haven’t updated fully is because you need a new order with the proper calculations. Depending on how reasonable your ex is, you can simply do an agreed to motion to change which simply needs a judge to sign off. If your ex refuses to agree you would then have to go through the process. If there is an amount she owes you back you could point that out and offer the incentive that you won’t request it paid back or costs if she agrees to updating the amount without court.

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      • #4
        The term you are looking for is "split custody".

        Unlike shared custody, I think split custody has a mandatory offset.

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