Child support and income increases

[trueblue22]

Hi everyone,

My ex husband's lawyer has indicated they will be fighting me in court so I don't get spousal and child support based on his substantially increased income but based on his income from when we separated nearly 6 years ago.

My lawyer advised they will probably win on the spousal support part and its a 50/50 on the child support because my ex makes over 900k now from his 400-500k at separation. Is he right? Aren't the children entitled to this increase in his income?

[rockscan]

If you have full 50/50 shared custody then he pays you offset based on his actual income. That number also depends on how he earns that money. If he doesn’t see that money (it’s shares or goes into a retirement fund) then he could argue for the lower amount. Either way, your concern should also be if he is planning to argue for an imputed income which would lower the offset amount more.

There’s also the chance he could argue for full custody then you get nothing.

[rockscan]

I may not have full knowledge of how this works as it is not applicable to me, however I thought child support was treated on a case-by-case basis when dealing with salaries over $150,000. When it gets to the point of $900,000 salaries, the situation is examined more closely in terms of lifestyle and child-related expenditures. I could be wrong. Hence why I am not a lawyer.

It normally is but when they have full shared with off set the item still stands that he won’t pay full table. The problem is the tables don’t go up that far.

Again, OP may not know fully how his income is set and what he gets paid out as income.


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[trueblue22]

If you have full 50/50 shared custody then he pays you offset based on his actual income. That number also depends on how he earns that money. If he doesn�t see that money (it�s shares or goes into a retirement fund) then he could argue for the lower amount. Either way, your concern should also be if he is planning to argue for an imputed income which would lower the offset amount more.

There�s also the chance he could argue for full custody then you get nothing.

He can't argue for full custody. I am a good mother and we have had 50/50 since the beginning. He would steal my kids from me to avoid paying support.

My ex will be claiming I am intentionally underemployed due to me starting my business. I expect he'll be arguing I am able to make 150 to 250k even though I haven't made that much since separation and since starting my own business.

[trueblue22]

It normally is but when they have full shared with off set the item still stands that he won�t pay full table. The problem is the tables don�t go up that far.

Again, OP may not know fully how his income is set and what he gets paid out as income.


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My lawyer says it's percentage based and since his income almost doubled since separation even if he argues against spousal support the additional child support would more than compensate.