- April 10, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Situation Overview
Hi! Looking for support mostly, maybe kind advice? Our agreement is in the state of Kentucky, USA. My ex & I divorced in July 2022, we have 1 child together. In our agreement we are listed as having 50/50 custody with no child support & alternating years claiming our child on taxes. For about 10 months, we split the weeks in half with our child & it went smoothly.
Early last year (2023) he moved about an hour away to another state & because of the distance, cut down his time with our child to weekends only (Friday evening-Sunday evening). In the state our agreement was finalized, we cannot amend a custody agreement until 2 years after (unless of course an emergency situation occurs, which it has not). With this upcoming July being 2 years & no plans in the works for him to have our child back at the agreed upon 50/50 terms, I’m looking into amending our agreement to either:
A- Joint custody with me as the primary parent, with child support, continuing alternating years claiming our child on taxes
OR
B- Joint custody with me as the primary parent, without child support, and I claim our child on taxes indefinitely
### How AI Legalese Decoder can Help
AI Legalese Decoder can assist in this situation by providing insights into the legal aspects of amending custody agreements in your state, Kentucky, and outline the necessary steps to take for modification. It can also generate possible scenarios and outcomes based on your desired changes, helping you make an informed decision. Additionally, AI Legalese Decoder can offer suggestions on how to approach the conversation with your ex-partner about the proposed amendments in a respectful and effective manner to maintain a healthy relationship for the sake of your child.
### Relationship Dynamics and Communication
We do have what appears to be a healthy relationship, which I’m ashamed to say may be partially due to the fact that I have allowed him to go almost a full year now without paying child support regardless of the time he’s actually spent with our child. And partially because his partner is just an incredible human being.
I do believe he may hold resentment against me once I bring up these options, and would like to maintain a healthy relationship for our child, but with as often as our child is here with me, it only seems fair to make an amendment.
### Questions for Consideration
-Has anyone here ever done this?
-Am I missing anything to consider?
-How might I best communicate these ideas to someone who may be significantly less than enthusiastic about this information initially?
-TIA
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You’d be within your right to do joint custody with you being the primary parent WITH child support, and only you claiming the child on taxes. Whoever has more overnights get to claim the child, and whoever has more time with the child is spending more money so should get child support to supplement what is being spent on the child.
What is right is for you to be the primary parent with child support and claiming the child every year on taxes. This will of course make him angry and make your amicable relationship tense.
But, if you didn’t do this, you would be doing a disservice to your child.
Leaves you with a choice; your ex or your child?
You must also ask yourself what he would do if the tables were turned.
It might be worthwhile to run a calculation and see what the weekly amount would be. That way you can compare that weekly amount to the amount you would receive in tax refunds
How do you split tax claiming now?
50/50 is, IMO, grounds for zero child support if the incomes are also equal or very close, otherwise *some* child support should still be paid at 50/50. Were your incomes comparable?
Either way, if he’s voluntarily limiting his parenting time, you’ll have the vast majority of the child costs and thus would be in the right to ask for child support.
If he sees them every weekend, his overnights drop from 182 annually to 104. Kentucky KRS 403.2121 lists the timeshare adjustments. You will need to know:
1. The Combined support obligation.
2. Your income-prorated “guideline” amount.
3. His income-prorated guideline amount.
For 104 annual overnights, it comes out to his guideline amount minus 15% of the combined support obligation.
The only way things could get complicated is if you have 261 annual overnights but make something like 5X his income. Otherwise, KY law is pretty clear he should be paying you child support.
If you have a good relationship, try to work out whatever the issues are without involving the state or paying a ton in attorneys fees. Otherwise you’ll probably need a lawyer and it would be a very messy interstate case. If I was his attorney, I would tell him to simply demand the 50/50 time and there isn’t a change of circumstances, and that you already agreed to no support and there’s no reason to change it.
If you have a divorce agreement that outlines the terms of custody, parenting time, and no support obligation, you can’t just decide to change it. What you can do is have him take the kids more often, if he’s not exercising parenting time, because that’s what you agreed to.