Etters, PA asked in Child Support for Pennsylvania

Q: My ex-husband and I share 50/50 custody of our 3 children.

He pays me child support, and has asked for a modification. I was employed up until 6 months ago (I was working long hours at a horrible job that caused me anxiety - I was a stay at home mom before we got divorced). I wanted to be able to spend more time with my children when they are here, so I am currently not working and am trying to start my own business. I am re-married and my husband supports me. Will the child support payment go down, stay the same or go up? I have no idea. How is it calculated in this case? My ex-husband also claims 2 of the children each year for taxes per our divorce agreement (that he wouldn't sign without that included). Do they take the taxes into consideration? Thank you.

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1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
Answered
  • Media, PA
  • Licensed in Pennsylvania

A: It's impossible to answer your question without many more details. There is a specific manner of calculating 50/50 custody support cases. What the court will decide in regard to your voluntary cessation of employment, I can't guess. Yes, the court may take into account that he takes the two children as exemptions but remember too that by doing so his income for support purposes will actually be a bit higher. And, in case you're asking this, no, your husband's income will not be used in the support calculation although your ex could argue that a deviation from the guidelines may be appropriate. You really need to consult in person with an experienced family law attorney.

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