Child support questions

[charley_barley]

We divorced in 2004. We have 2 children together. She is the CP, I am the NCP.
She is "claiming" to be disabled, so her income is now $0. My income has increased, but getting remarried in 2006, my financial obligations have risen (bought house, had a 3rd child, etc).
I've looked at online calculators, with my increased income, and her now $0, my support payments would go up almost $300 a month!
I have agreed (not court ordered), to add the children to my insurance (a $120 increase in my monthly premium), because she stopped receiving W.Virginia State assistance, when she quit work and started claiming she was disabled.
She wants me to pay more because I make more than I used to, and she doesn't work, so it's only fair! (her words). Her new spouse makes annually what my new spouse and I make combined annually.
Another issue...the children are supposed to be with me here in FL 120 days .When they come to visit, they only want to stay 4 or 5 weeks, because they miss their Mom and their friends over the summer and holidays. They are 14 and 13 now, and I don't feel like I should MAKE them come. Since they aren't spending the time laid out in the divorce papers, would I have to pay more support based on the fact they they aren't really here 120 days, even if it's by their own accord?
My daughter didn't come this year...my son did....with another issue...

My son (13 year old), has expressed an interest in moving down here permanently...
What would be required, by law, for this to take place?
Would we have to go to court and have custody transferred, or can he just move down here and I can start enrolling him in school for next year?
Would SHE have to pay me support for him and I pay for our daughter if she stays in WV with Mom?
Is this whole issue going to cost me $1,000s that I just don't have. I'd hate to send him back, but I'm afraid it's going to cost a ton, and we just don't have any extra money to go back to court.
Should I just kindly and lovingly explain to him that this isn't something that can decided over lunch, and that the whole process will likely take a whole lot of time and money, neither of which I currently have?
Thanks in advance!

[Attorney Howard Iken]

Children can never decide on their own. At that age the child may have input but will not make the decision. You must take it to court and have the judge decide.

Your household monetary contribution from her spouse is arguably income to her. That is a position an attorney might take.

If you have them for 120 days and are not using that time - chances are child support would not change based on that. But again - attorneys are paid to look for arguments to make.

If the children are split then support is based on a completely different formula. There is not enough info to answer your question.

Yes, if you hire an attorney this is a costly issue. But then again, what issues involving attorneys are not costly



Attorney Howard Iken
The Divorce Center