Two children, one living with each parent

[makohan]

I am a divorced mom with 12 and 13 year old children. My ex-husband and I have been divorced for 8 years (since the children were 4 & 5). My ex lives mainly on SSDI and through odd-jobs where he typically receives cash payment. His SSDI is only about $650 per month. I work full-time and make about $34,000 as a secretary. My net monthly pay is $2,400.

My son is just turning 12 and has been talking about wanting to live with his dad. His dad is in Florida where we were married and divorced; the children and I live in NC (for the past 3 years). I am primary custodial parent.

My ex was ordered to pay $103 per month child support when we divorced,which he did NOT pay for the first 5 years after the divorce. The courts finally caught him and the $103 started coming of his SSDI check about 2 years ago.

My 12 year old son has been talking about wanting to live his dad. For many reasons I am considering this request. If I allow this change, how will this work with the child support? We would each be raising one child then. My ex technically still owes those 5 years of child support at $103 per month; however, my income is larger.

I am afraid I would be hit with a $400 or $500 a month support payment to be made to him, and would not be able to financially take care of my daughter. Even though I take home $2400, we barely make it every month as it is.

My questions are:

If one child lives with me and one with my ex, would the child support obligation just cancel itself out or is this based on income? ie. I make more, so I would pay him some?

If my ex took me to court and asked for child support for my son, would the five years worth of arrears that he owes me (for when I raised both children) be taken into consideration? Would this be taken off first before I would ever have to start paying him, or would I continue to receive the $103 per month, but in turn, have to pay him something each month?

Please help!

[Attorney Howard Iken]

Because of the difference in income, the child support would not cancel out. You would likely have to pay support to him.

His arrears would not go away. If you use an attorney, everything could be arranged where the arrears become a credit to you and will first apply against your support payments. If the state does this for you - there is no telling what they will end up with.

Attorney Howard Iken

Offices in Orlando, Tampa, Clearwater, and New Port Richey

Free Consultations

The Divorce Center
7635 Ashley Park Drive Suite 503K
Orlando, FL 32835
407-982-5556


See our new Orlando Florida office

[makohan]

If my son goes to live with his dad this school year and it works out, and his father then goes to court to ask for residential custody and I do not contest this (no custody issues) what would the likely cost be to hire you as an attorney to handle only the financial negotiations?

My net income is currently $1066 per pay = $2131 per month
SSDI income is $91 x 2 children = $182 per month
child support (not including arrears) = $103 per month
Total net income = $2,416

However, if my son were with my ex, then I imagine his $103 would reduce to half (for one child) even though he owes 5 years of arrears?

I am not sure what would happen to the SSDI, when I called social security I was told it was best to leave it alone, just to keep records of the money being used for the children. It is possible it would stop and it is possible it woudl continue. I don't know how this works. Does this SSDI count as my 'income' since it is the children's money?

Another issue is that my children just lost their health insurance at the end of March, and I added them to my work policy for $237 per month (plus a substantial increase in co-pays and Rx copays which I have always paid 100%.) This $237 premium covers my two children, only one of which would be moving with his dad.

Would a portion of the ins. premium that I pay, as well as the arrears that my ex owes be used to offset what I would owe to him?

I have paid my children's health premiums and all of their health costs since 2002 - would any of that be taken into consideration as well?

Thanks so much for any information you can provide.

[Attorney Howard Iken]

You should schedule a free initial office consultation. We can discuss possible costs at that meeting.

Attorney Howard Iken
The Divorce Center
703 W. Bay Street
Tampa, FL 33606
813-774-4529

Offices Throughout Florida

Free Consultations