split custody/ 2 kids with ex, 1 lives with me

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split custody/ 2 kids with ex, 1 lives with me

Postby cadad » Thu Jun 02, 2005 11:00 am

Hello, I was just wondering if anyone could help with this one, after a long process it was decided I would have custody of my oldest son and my ex would have custody of my younger son and daughter- we each have < parenting time > with the child (ren) that don't live with us. I pay her support for the two that live with her, but there was nothing in the order for her to pay support for the child that lives with me. Can I file for support for the child that lives with me?? Don't get me wrong, even if I can't, I am ecstatic to have him with me, but he is a 16 yr old boy who eats a ton and needs things, and I am struggling paying cs for the two in the ex's care, so I don't see why she shouldn't do a little something for the oldest one. Thanks for any advice.
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Postby decentdad » Thu Jun 02, 2005 11:09 am

Hi,

If you're in California, that all should have been entered into the Dissomaster when the judge ran the numbers.

So, it may be that what you pay in child support is already offset by the custodial time that oldest son is with you.

If not, then you can modify child support, sure.

But definitely worth a call to your attorney, or a consultation with an attorney to plug all the parameters into the Dissomaster program to see what the correct child support would be.

There will only be one child support payor and one payee, but the final number should reflect everything in the situation.

So at best case scenario, you might see your child support obligation reduced for 2 years (i.e., while oldest son is with you), then modified back up to cover the two younger kids.

This is purely a numbers issue... if it costs $2000 to have an attorney do your paperwork and go to court to modify the child support, you'll want more than $2000 in relief from child support.

If your son is 16, you'll need to save at least $100/month in child support for this to be worth it, probably.
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support

Postby cadad » Thu Jun 02, 2005 11:11 am

We live in Ohio, and I didn't see my son's name on any of the support paperwork, I have papers saying I pay support for my younger son and daughter, but is says nothing about giving me a break because the oldest is with me, that's why I'm wondering if this was a mistake or if this is how they usually handle it. thanks
cadad
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Postby decentdad » Thu Jun 02, 2005 11:48 am

Sorry, I assumed that the "ca" in "cadad" meant California.

I don't know how it's done in Ohio. But probably worth a consultation with an attorney so you can get the facts of the matter before going further.

DD
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