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

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  #1  
Old 04-08-2020, 07:20 AM
Mom2414 Mom2414 is offline
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Default Covid-19 Crisis and Child Support

If ex loses job and I am still employed and we typically adjust offset yearly, can ex legally ask for an immediate recalculation based on new income? Am I obligated to increase child support?


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Old 04-08-2020, 08:55 AM
rockscan rockscan is offline
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Please keep your questions in one thread and do a search before posting new ones.

The short answer is yes he could. The long answer is yes he could but you could say no and leave it to next year. If you did say yes now then it may be just a couple of months before it goes up again and you readjust again. If you say no and follow the agreement for next year then you will have 12 months at the higher cs rate.

You have to ask yourself if one scenario is better than the other and go with that. If your ex is likely to go back to work in three months it would be worth adjusting.

Adversely, if you are offered any of the additional children’s benefits right now, you could offer that he gets them all and you don’t change the offset.
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Old 04-08-2020, 03:26 PM
HammerDad HammerDad is offline
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I agree with this ^^^

Also, if the ex asks to adjust now and you refuse, you could owe arrears next year for any under payment. IMO, I would adjust now. Yes, you will have to pay more now. But it saves having to pay a lump sum in arrears (or arrears on top of the increased amount).
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Old 04-08-2020, 03:35 PM
Berner_Faith Berner_Faith is offline
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My husband was paying full CS... he lost his job and the kids have been coming to us on a week about basis. What him and his ex agreed on was that he would pay CS offset based on their 2019 tax return while the kids are week about. When he goes back to work full time or the kids go back to school, he’ll pay full support again... technically she should be paying him since she’s still working but that would never fly and it would be a court battle if he ever wanted to force the issue. So to stay away from lawyer and court this was what was decided.


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Old 04-08-2020, 05:35 PM
Mom2414 Mom2414 is offline
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Quote:
Originally Posted by HammerDad View Post
I agree with this ^^^

Also, if the ex asks to adjust now and you refuse, you could owe arrears next year for any under payment. IMO, I would adjust now. Yes, you will have to pay more now. But it saves having to pay a lump sum in arrears (or arrears on top of the increased amount).

If CS is recalculated yearly, and we pay CS based on previoustax return year, why would we be in arrears? Won’t he get the benefit of more CS next year when we recalculate?


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Old 04-10-2020, 11:57 AM
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Quote:
Originally Posted by Mom2414 View Post
If CS is recalculated yearly, and we pay CS based on previoustax return year, why would we be in arrears? Won’t he get the benefit of more CS next year when we recalculate?


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Because you were made aware of the material change in circumstance and sat on it. Technically child support is supposed to be calculated when there is a change in finances. They do the yearly "thing" as a guideline. But, a judge would order you to adjust on the change probably if brought to court.
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Old 04-10-2020, 12:00 PM
Abba435 Abba435 is offline
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On consent properly documented or by Motion to Change
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Old 04-17-2020, 01:22 PM
Kkc Kkc is offline
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I'm in the opposite situation. I have kids 43 percent of time and pay full cs bc ex let her nursing liscence expire..that's a diff story

My income has dropped massively from what we estimated 2019 was going to be (initial September agreement) and it turns out that I massively overpaid for 2019.

In covid my income is down again by about 30 percent. The guidance is always try to be reasonable with ex in case later there is court action. Remember if the kids are with the ex half the time and covid is making things extremely difficult for him, it will be hard on the kids too. I would suggest adjusting a bit now with the understanding it will balance in the end.

My lawyer told me the FRO is taking a step back bc of the situation. I basically offered a domestic contract for now...cs based on my true 2019 income and somewhat less than low end for ss. Well see what happens. Under current arrangement I would be left with nothing to live off of. And if she doesn't accept there really is nothing she can do accept withhold my kids and make fake abuse allegations (which was last week)

Guys stay safe...this will pass
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