NCP's current CO states as follows..
The Defendent shall pay the sum of $700.00 per month (for 2children) to the Plantiff as child support beginning the first month after execution of this agreement and continuing in a like manner thereafter until each child dies, marries, becomes self-supporting or otherwise emancipated, reaches the age of 18yrs, or Husband dies, whichever shall first occur. In the event the Husband's income or employment changes, he shall provide a recent paystub to the Wife and the parties shall set the child support at 20% of the Husband's gross income, however, said child support shall never be less than $700.00 per month.
According to new laws in the state of GA, both parties incomes are now used in the calculation of CS. Also, NCP's visitation schedule is two days during the week until 8pm when CP gets off work, and then EOW.
NCP now pays $815/mth due to an increase in pay. This was not taken to court and approved by a judge, but given the divorce decree states the parties shall set the CS at 20% of his income to include any pay increases, NCP agreed.
NCP received a consult from an attorney, who stated that since CP's earnings were either the same as NCP or higher, and he carries health insurance ($280/mth) on both children in addition to the $815 in CS, and given the parent/deviation time, he could receive a reduction in CP, approximately $500-$550. Attorney stated that NCP should not have increased his CS unless there was an official CO for it, despite the wording of the divorce decree.
Can NCP legally drop the support back to $700 until there is an official CO to increase it?
Is health insurance subtracted from the calculated CS?
Is attorney correct in stating CS could be reduced to $550?
What are the chances of NCP receiving 50/50 shared parenting given the current visitation schedule?
The Defendent shall pay the sum of $700.00 per month (for 2children) to the Plantiff as child support beginning the first month after execution of this agreement and continuing in a like manner thereafter until each child dies, marries, becomes self-supporting or otherwise emancipated, reaches the age of 18yrs, or Husband dies, whichever shall first occur. In the event the Husband's income or employment changes, he shall provide a recent paystub to the Wife and the parties shall set the child support at 20% of the Husband's gross income, however, said child support shall never be less than $700.00 per month.
According to new laws in the state of GA, both parties incomes are now used in the calculation of CS. Also, NCP's visitation schedule is two days during the week until 8pm when CP gets off work, and then EOW.
NCP now pays $815/mth due to an increase in pay. This was not taken to court and approved by a judge, but given the divorce decree states the parties shall set the CS at 20% of his income to include any pay increases, NCP agreed.
NCP received a consult from an attorney, who stated that since CP's earnings were either the same as NCP or higher, and he carries health insurance ($280/mth) on both children in addition to the $815 in CS, and given the parent/deviation time, he could receive a reduction in CP, approximately $500-$550. Attorney stated that NCP should not have increased his CS unless there was an official CO for it, despite the wording of the divorce decree.
Can NCP legally drop the support back to $700 until there is an official CO to increase it?
Is health insurance subtracted from the calculated CS?
Is attorney correct in stating CS could be reduced to $550?
What are the chances of NCP receiving 50/50 shared parenting given the current visitation schedule?
