Q: My ex-wife and I divorced 4 years ago. At the time of the divorce, I was making $42000, and she had just started a job
in the real-estate business. She didn't make much, but we agreed that I would pay all of the bills thru the end of the year. It was an uncontested divorce, and I stupidly agreed to $1100 a month child support. Since then, she is now making $47000 a year, more than I made while I supported the whole family. For the past 2 years, we have split custody 50/50 with no child support at all. She is now wanting me to start paying child support, and allowing me only visitation, when I have done nothing wrong. Since there has been a 2 year agreement in place, does she have any ground to stand on? As I read child support definition, it is to maintain the same lifestyle for the children as they had while as a family. As a family, household income was appx $45000, she makes more than that now, and I am commission based, and really don't know what my income will be. Please advise. Thank you.
A: For the custodial arrangement to be changed, and you to only get visitation with the children, she would have to show that it is in the best interest of the children to have this changed. The higher McClendon standard is not invoked, becuause this is a change from joint custody. The applicable standard is found in the Couch case. If she gets that changed, when she would be entitled to child support pursuant to Rule 32, which is based on the income of the parties or what they are capable of earning. Your income is going to be based on what you have earned in the past. You need to get an attorney to help you with this.
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