J
jamesryan
Guest
- Jurisdiction
- Pennsylvania
I got divorced in 2014, it was an uncontested divorce. We used a lawyer that my ex-wife contacted and knew through a friend. I was obviously under severe mental and financial stress and wanted the entire thing to be over with a soon as possible. Looking back this was not the best approach considering the importance and how much the agreement affects my life moving forward.
Currently we each have our daughter a week at a time alternating every Friday. She is listed under my address so that she could stay at her old school, my ex-wide moved out of the school district. I pay for everything for my daughter including the following; Daycare, school lunch, clothes, majority of out of school activities, health care including dental, eye, and medical which I pay for the coverage plus any additional charges towards the deductible. On top of paying for every expense for my daughter, maintaining residence in an expense area so she can remain in her school, I also pay $300 a month for child support.
Here is a brief summary of our financial standings. I am remarried with another child now, which should be considered a "relevant change in circumstances". My ex-wife and I both have bachelor's degrees from the same college, but she is out of work, but our earning potential should be equivalent.
My questions are:
1. Since I pay for everything and have joint custody of my daughter including her listed as living at my address, should I be able to drop the child support?
2. Would it be more beneficial for me to keep child support in place, but seek equal payment for her expenses, healthcare, food, clothes, etc?
3. Since our earning potential are the same, and we have equal custody, shouldn't the child support be dropped and expanses be split 50/50?
4. Does the fact that I have another child now have an effect on support?
5. Shouldn't I have the right to claim her each year as a dependent since she is listed as my address and I pay for all her expenses.
Here is all the excerpts from our marriage separation agreement. The MSA is the only documentation from the divorce that addresses support and custody.
CUSTODY
Subject to further order of any court of competent jurisdiction, Husband and Wife shall have shared legal and physical custody and control of the minor child of the parties. Neither Husband nor Wife shall remove the child from the Commonwealth of Pennsylvania without the prior consent of the other or the order of a court of competent jurisdiction.
CHILD SUPPORT
Husband shall pay Wife, for the support, maintenance and education of their minor child, the sum of $300.00 each month for the minor child. The parties agree that this amount is reasonable and sufficient for the needs of such child and is based on Husband's financial ability to pay. These payments shall be made on the first day of every month and shall continue until further order by a court of competent jurisdiction or the attainment of the age of majority by any of the child, or their death, marriage, or emancipation, whichever shall first occur.
Husband shall also be responsible for funds necessary to Child to pay for lunch while at school. Husband shall also be responsible to obtain and maintain health insurance on the parties' minor child unless the parties agree in writing to another arrangement for the proper health insurance of the child.
MODIFICATION OF CHILD SUPPORT
The provisions of this Agreement relating to child support may be modified or revoked at any time at the discretion of a court of competent jurisdiction, except as to any amount that may have accrued prior to the date on which an action is instituted for modification of support.
In the alternative, parties may agree to consult with an attorney for a re-evaluation of child support upon agreement of both parties (after a relevant change in circumstances) or every three years.
MEDICAL INSURANCE
Husband agrees to maintain and keep in effect for the benefit of his said child the insurance provided through his employer now in effect or any successor policy at Husband's place of employment.
FEDERAL INCOME TAX - DEPENDENT EXEMPTION
Husband and Wife agree to rotate claiming the minor child as a dependent for federal income tax purposes. Wife shall claim the minor child as a dependent in odd tax years and Husband shall claim in even years.
If, however, the minor child shall reside with one parent more than sixty percent (60%) of the time in a year, that parent shall have the right to claim the minor child as a dependent regardless of whether it is an even or odd year.
Currently we each have our daughter a week at a time alternating every Friday. She is listed under my address so that she could stay at her old school, my ex-wide moved out of the school district. I pay for everything for my daughter including the following; Daycare, school lunch, clothes, majority of out of school activities, health care including dental, eye, and medical which I pay for the coverage plus any additional charges towards the deductible. On top of paying for every expense for my daughter, maintaining residence in an expense area so she can remain in her school, I also pay $300 a month for child support.
Here is a brief summary of our financial standings. I am remarried with another child now, which should be considered a "relevant change in circumstances". My ex-wife and I both have bachelor's degrees from the same college, but she is out of work, but our earning potential should be equivalent.
My questions are:
1. Since I pay for everything and have joint custody of my daughter including her listed as living at my address, should I be able to drop the child support?
2. Would it be more beneficial for me to keep child support in place, but seek equal payment for her expenses, healthcare, food, clothes, etc?
3. Since our earning potential are the same, and we have equal custody, shouldn't the child support be dropped and expanses be split 50/50?
4. Does the fact that I have another child now have an effect on support?
5. Shouldn't I have the right to claim her each year as a dependent since she is listed as my address and I pay for all her expenses.
Here is all the excerpts from our marriage separation agreement. The MSA is the only documentation from the divorce that addresses support and custody.
CUSTODY
Subject to further order of any court of competent jurisdiction, Husband and Wife shall have shared legal and physical custody and control of the minor child of the parties. Neither Husband nor Wife shall remove the child from the Commonwealth of Pennsylvania without the prior consent of the other or the order of a court of competent jurisdiction.
CHILD SUPPORT
Husband shall pay Wife, for the support, maintenance and education of their minor child, the sum of $300.00 each month for the minor child. The parties agree that this amount is reasonable and sufficient for the needs of such child and is based on Husband's financial ability to pay. These payments shall be made on the first day of every month and shall continue until further order by a court of competent jurisdiction or the attainment of the age of majority by any of the child, or their death, marriage, or emancipation, whichever shall first occur.
Husband shall also be responsible for funds necessary to Child to pay for lunch while at school. Husband shall also be responsible to obtain and maintain health insurance on the parties' minor child unless the parties agree in writing to another arrangement for the proper health insurance of the child.
MODIFICATION OF CHILD SUPPORT
The provisions of this Agreement relating to child support may be modified or revoked at any time at the discretion of a court of competent jurisdiction, except as to any amount that may have accrued prior to the date on which an action is instituted for modification of support.
In the alternative, parties may agree to consult with an attorney for a re-evaluation of child support upon agreement of both parties (after a relevant change in circumstances) or every three years.
MEDICAL INSURANCE
Husband agrees to maintain and keep in effect for the benefit of his said child the insurance provided through his employer now in effect or any successor policy at Husband's place of employment.
FEDERAL INCOME TAX - DEPENDENT EXEMPTION
Husband and Wife agree to rotate claiming the minor child as a dependent for federal income tax purposes. Wife shall claim the minor child as a dependent in odd tax years and Husband shall claim in even years.
If, however, the minor child shall reside with one parent more than sixty percent (60%) of the time in a year, that parent shall have the right to claim the minor child as a dependent regardless of whether it is an even or odd year.
