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What Happens To Child Support When One Or More Children Move In With The Other Parent?

21 August, 2010 (22:27) | Child Custody, FAQ | By: stlscorpio


sinamore1966 asked:

I live in Texas. My oldest son moved in with me 2 years ago. He is 14. Would there be much of a change in the amount that I pay in child support if I attempt to modify the support order?

Answer:  This is not Texas specific advice, for that please consult a local lawyer.

In general if one or more children change the parent who they live with primarily child support will be adjusted. How it is adjusted depends on state laws, local practices and quite honestly the prejudices of the local judge hearing the case. Some states, like Missouri, have a formula which you can look up online to get a very good idea of how your payment will be affected. Other states have more general rules of thumb.

There are several factors that play into support calculations. Present incomes will be used. If either parents income has gone up or down dramatically that will be part of the final child support determination. If your income has gone up and your spouses down you could end up paying more for two children than you were for three for example.

However, in the average case where income are about the same as they were and the primary change is a child switching primary residences then what is likely to happen is there will be a lowering of your child support. Some states compute how much you will owe for the two children and then what your spouse would owe for the one and require you to pay the difference. Some are less lenient instead looking at how much money is saved by mom with the child being out of the house. The latter approach realizes that mom should not be required to get a smaller house because of this change. It figures things like house payments and utilities and the hidden costs of raising a child as still being expenses that mom has to pay because of the living situation that was agreed to or ordered up front.


Bottom line is you need local advice that not only knows the state law, but the local judges and how they are likely to rule. Most judges are amazingly consistent in family law cases and a lawyer that practices full time can probably give you a very close approximation of your support obligation. But nothing will happen automatically. You need to apply to the court for a modification.

Related posts:

  1. How Do I Cancel Child Support On A Child Who Is Emancipated?
  2. When Do I Need A Child Support Lawyer?
  3. How Do I Keep My Wife From Knowing I Pay Child Support?

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Comments

Comment from rpoker
Time September 30, 2010 at 10:22 am

the judge not of the county,but the city!
think its cool they have city judges

Comment from teach
Time October 2, 2010 at 9:03 am

Plug in the numbers under the TX support calculator on-line. It would go from this years taxes though so if you make a lot more money over the past two years it could be a wash. You should be paying for 2, AND getting credit for the one (wash the child support you should be getting from what you owe). Should go down though….at the very least you can prove to the child support agency that you have custody of the one and make that part go down , then fight for child support for that child in family court in your area.

Comment from Raymond
Time October 5, 2010 at 1:28 am

Yes you could go back to court and ask from relief. You are providing the roof over his head, the food, the heat/ac. You are paying it to her now, though he isn’t living with her. You have to ask yourself whether it is worth it though. Always try to get along with your ex if you can, for the sake of your children!

Comment from George McCasland
Time October 7, 2010 at 6:55 pm

Generally, in order to initiate a “Change of Circumstance” there must be at lease a 20% change in your payment. To simply remove the child from the obligation would not meet that requirement. The difference between 35% and 30% of your income is only 14%.

What you need to do is to file a motion to modify custody, as well as child support. Even in Texas, a child does not have the simple right to go live with you, it still needs to be approved by the court. You will need to file a motion to get child support from the mother. This is an area where things can get hazy, requiring an interpretation of the court.

In a straight forward interpretation, you would be paying her 30% of your income in child support, while she would owe you 20% of her income in child support, if she’s working.

Now, understand that all child support is rebuttable, so unless she’s on Welfare, the amount does not have to match the guidelines.

If she’s working, and does not want to be ordered to pay 20% of her income in child support, than use a Certified Mediator to develop a new custody agreement and child support order. The Mediator will print out the modified order which you take to the Clerk of the Court to file. The Clerk sets a court date at which both of you go to before the Judge to swear to the contents of the agreement. He signs off, than you take a certified copy to the AG Office to change their records and any notification to your employer on payroll deduction.

To learn a father’s rights, join Dads House in Yahoo Groups. It’s free to join, access all materials, and you associate with other fathers going through, and have already gone through, the same issues. We have an Educational Manual that teaches everything that needs to be known in addressing your legal issues.
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