Child support question
DH and BM have a terrible CO, but one thing that is written in it is that they agreed to no child support between them. They have 50/50.
Given that they agreed to no child support (5 1/2 years ago), can BM decide that she wants child support at any time and take DH to court? If so, what's the chances of her being awarded CS?
I ask because DH recently said something along the lines of not wanting to ask BM for a medical copay because that could start her thinking about asking for child support. This makes me wonder how much DH will be willing to give in to her for the sake of not going to court. Luckily BM is not high conflict and we mostly stay out of each others business, but I'm curious as to if this is something that she can demand and DH have to worry about for the next 11 years!?
Depends on your state, I've
Depends on your state, I've heard that CS can be awarded, even with 50/50 custody.
However, if that was already agreed on and is in the CO, and there are no major changes in circumstances, I don't see why it would be changed.
Check the laws of your state
Check the laws of your state and make sure you have a lawyer handy. In our state any parent can petition the court or request mediation at any time to discuss the terms of the CO and possibly make changes. While the percentage of custody does factor in, it's really about the amount of money each parent makes. So even if you have 50/50, your state could dictate that the parent that makes more money provide CS to the parent that makes less. Just because she petitions the court to make a change to the CO doesn't mean that they will grant the change, but in general, yes, she could request changes and she could end up getting CS. Educate yourself about your state's laws and make sure you have representation.
Normally whoever took SS to
Normally whoever took SS to the doctor would pay the copay, that is why the issue was brought up. BM took SS and we received a bill for the copay in the mail, guessing BM did not pay it at the time of the appointment and since SS is on DH insurance they sent us the bill. I told DH to get the money from BM and he refused. He said he'd rather pay the copay than go there with her and her get the idea of suing for child support.
I let it go, but that is what prompted my question. It's not right that he may have to worry about being sued for CS for the next 11 years because BM might want to for whatever reason, mainly since it was agreed to not have child support in the beginning.
I know in my state, even with
I know in my state, even with 50/50, there can be child support paid out, but to me it doesn't seem right that since they agreed to no child support that at any time BM decides she needs/wants child support she can sue DH for it, regardless of his income. If he gets a better job and makes more money (which he has since they split) she shouldn't be able to pretty much just take his money because she feels like it! I will try to find the exact laws for my state though, thanks.
Yes it is. I'm not saying I'm
Yes it is. I'm not saying I'm against child support, I receive it from my ex, but he made a lot more money than me and the state decided on the amount from the beginning. I also use it to buy everything my kids need. I also would have no intentions of ever going for an increase regardless of what my ex makes. If he continues to do well in his job and receive promotions, good for him. I will do the same if I want more money.
DH has worked the same job for 12 years with promotions. Him and BM made about the same at the time of their split, him slightly more, but since then BM has had several jobs and I have no idea what she makes, but I'm sure it's not close to DH.
There have been no changes in the days they have SS, has been 50/50 the whole time, so there is no reason other than "she feels like it" for her to request a modification. And that hanging over DH's head doesn't seem right.
In Michigan, a court will
In Michigan, a court will sign off and enforce just about any agreement two parties make. However, if one of those parties no longer agrees and asks a court to modify to include CS, you can bet your butt a review will be scheduled.
Personal experience talking here. For the longest time, Asshat and I had an unconventional agreement that our judge signed off on. Later on, I decided that it no longer worked for me and petitioned the Court to change it. Asshat kept arguing that I had agreed to it so she had to enforce it. The Judge told him that parents cannot bargain away CS and ordered a review.
Usually CS can be reviewed
Usually CS can be reviewed every two yeas. Since the current CS order is 5+ years old it is likely that BM could request a child support review hearing.
Check on your state and county web site for the frequency that CS can be reviewed.
DH's lawyer told him that a
DH's lawyer told him that a no CS clause in a divorce agreement isn't worth the ink to print it. The very moment the papers were in hand BM (or DH) could walk over to the CS Administration and file for support. It only works as long as both parties agree to it. Since Dh's lawyer knew BM and her family (they all went to college together) he suggested that DH not take the risk since he figured BM would wait a year or two, the file and request retroactive CS. Since SS10 was less than a year old at the time of the divorce, Lawyer told DH that a judge might actually grant retroactive support if BM cried poor enough. He told DH to weigh the risk and make the choice carefully because starting off in arrears with the CS office is not ideal.
My DH had a no support clause
My DH had a no support clause in their separation agreement. Either parent can petition mediation or the court for a review regardless of previous agreements if the specific time-frame has lapsed OR there is a significant change in circumstances that would warrent a review.
The only thing is that the no support clause did was protected DH from back pay. BM could only go back as far as the day she petitioned the mediation for a review.
Two attorneys told us CS
Two attorneys told us CS could be reviewed in the event that there was a change in circumstances from the original court order. No CS exchange between the parties was a part of DH divorce as well. Getting married or moving within reason does not indicate a change in circumstances. However, someone getting a sizable increase in pay could be.
However, in our case, the paperwork states 50/50 but it's more like 80/20 with DH having the kids 80. We keep track of when he has the kids in the event it ever comes up in court. BM has recently threatened going for full custody, but our attorney said that likely won't materialize she hasn't exercised her right to 50% custody the entire time her and DH have been divorced.