Changing of custody

[tommygirl2525]

I have been the custodial parent for the last almost 10 years of my two children. My daughter is 16, my son is 12 1/2. My son may "need" his father's guidance a little more in his high school years. I have been receiving 746.00 in child support for them both as I have primary residence (about 60% me/ 40% visitation their dad roughly).

If my son does go live mostly with his dad in high school, when his sister turns 18, I would imagine the child support he pays me now would cease. I want to make sure that is legal. Also, my main question is, does he have the right to get me to pay him support for my son? I am a remarried stay at home mom with 3 toddlers/ babies and one on the way. I don't have a personal income at this time. I was waiting until my littlest is old enough for kindergarten (my son will be 18 at that time).

I am a high school teacher by profession.

Thanks in advance for any advice pertaining to my state of residence- Florida.

 

[Duranie]

Yes, once the oldest turns 18 CS will stop but he can certainly file for CS on the minor child he has. He is still entitled to it. An income will be inputed for what you are capable of making and your 3 kids you have may come into play too but you'll have to google the guidelines. If he is paying CS to you, he'll probably want it from you and would be very generous not applying for it.

 

[tommygirl2525]

Thank you. This applies even if I make considerably less than the father?

 

[Duranie]

Yes but you'll have to see if FL will calculate your kids into the equation. It may turn out you'll owe him little but I am not sure. Have you tried working out something with the father like giving him a small sum of money to help pay for extras for the child? Maybe you and dad can work out something? 746.00 per month is actually alot of Dad to pay if he has the kids almost 50%. Can you work out something with Dad now regards to his current obligation so that he does not file? He technically is entitled to the support though if he has custody of a minor child so I shouldn't be telling you ways to wiggle out of it. If your kids are not factored into the equation. you may ow him a few hundred dollars a month. Are you allowing him to claim the kids on taxes? That makes sense since he support them.

 

[tommygirl2525]

Yes, he does claim them as exemptions for tax purposes.

 

[Duranie]

Well just know he can file, you'll have to google your states guidlines to see how they will calculate your income. Seems like this is almost 2 years away anyways. If the child goes to live with him now he likely will get a reduction in CS since you each will have 1 child.