Can my ex take me back to court to ask for more child support if we have physical and legal joint custody? - Child Custody Law Questions and Answers- LawQA.com

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Can my ex take me back to court to ask for more child support if we have physical and legal joint custody?

Since we have physical and legal joint equal custody, in the divorce settlement papers I have agreed and have been paying a set amount in child support. A year and a half after the divorce she has said she wants almost double what I have been paying and what is in the divorce papers. Can she ask and would she be able take me to court and try to get me to pay more support?

Law Office of Lenore Tsakanikas, PLLC
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She can file Modification of Child Support if there is a change of parenting time or financial information.

Answer Applies to: Arizona
Replied: 1/8/2013

Answer By John Kirchner
John E. Kirchner, Attorney at Law
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She can always "take you to court" to ask for a modification of the court ordered child support. Whether she will succeed requires information about all the relevant financial information and the specific law of the state where the current child support order was issued. You need to contact an attorney who can discuss all that relevant information with you and provide an opinion about whether she will succeed.

Answer Applies to: Colorado
Replied: 1/7/2013

Answer By Joanna Mitchell
Joanna Mitchell & Associates, P.A.
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If your income has significantly increased or hers has significantly decreased, it is possible that child support could be modified. You should consult with an attorney in order to determine best how to proceed before agreeing to anything and/or if she files papers.

Answer Applies to: Florida
Replied: 1/7/2013

Answer By Victor Varga

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Anyone can ask, question is whether the court will grant it. Support is always modifiable, it will depend on whether you make more or she makes less.

Answer Applies to: Maryland
Replied: 1/7/2013

Answer By Cathy R. Cook
The Law Office of Cathy R. Cook
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Support is always reviewable. If the support number using the current numbers changes by 10%, then support will change. If any of the circumstances in the shared parenting plan have changed, that could be a ground for changing support also. If she files, you should consult a local family law attorney.

Answer Applies to: Ohio
Replied: 1/6/2013

Answer By Arlene D. Kock
Law Offices of Arlene D. Kock
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Child support is based on two critical elements: timeshare with the child and incomes of the parents. If the current order was set too low, you have more income or she as less income, then a modification of the child support could produce a higher support amount.

Answer Applies to: California
Replied: 1/5/2013

Answer By Sally Hamblin

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Yes she could. A modification for support can occur.

Answer Applies to: Michigan
Replied: 1/5/2013

Answer By Annette M. Cox
Law Office of Annette M. Cox, PLLC
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You can modify child support at any time provided the award either increases or decreases by 15% or there has been a substantial and continuing change in circumstance. If your income as increase or decreased that might affect the child support calculation.

Answer Applies to: Arizona
Replied: 1/5/2013


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Yes, the matter of support is always able to go back to court. The factors for determining child support are incomes of each party and the amount of time each party spends with the children. Even a 50/50 time share can result in one party paying support if that party has a higher income.

Answer Applies to: California
Replied: 1/5/2013

Answer By Erin Farley
The Law Office of Erin Farley
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Yes, she can request a modification. Child support is modifiable until the child turns 19 or graduates high school, whichever is sooner.

Answer Applies to: California
Replied: 1/5/2013

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