Divorce Support Forums: Modification under new Child Support Laws / SB382

This is an interesting situation that MAY EFFECT MANY OF YOU:

SITUATION:
Earnings (which are 100% commission based) have increased significantly since the original divorce and child support calculation (now earn over 300% what was earned at time of divorce 3 years ago) an interesting situation is developing and, when you think about it, if earnings normally do progress upwards for the majority of non custodial parents so as many are probably earning more now than when they got divorced, this could end up being a very common situation.

The basic question is, as I (we) have had a significant change in income (although upwards), can I (we), under the new guidelines, petition for a revision (recalculation)?

Let’s use this data as an example:

- Being commission based and highly variable, the original support agreement was set for a % of a fluctuating commission based income - for example 25% of the approx. $60,000 being made at the time of the divorce. Months made only $1,000, $250 was paid. Months made $10,000, $2,500 was paid.

- At the time of the divorce and original child support calculation, both parties were making roughly the same amount – say $60,000 – although, as above, one was commission based and highly variable.

- Now the commission based non custodial parent is making between 2x and 3x the original amount – say $200,000 (NOTE: This could also affect a non commission – i.e. salaried – child support payer who happens to be making more than what was made at the time of the divorce) . So previously the $60,000 would = $15,000 in child support, now the $200,000 would = $50,000.

- To make it even more inequitable, the non custodial parent also has custody almost 100 days of the year and also maintains a house for them.

APPRECIATE ALL YOUR THOUGHTS ON THIS.

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