What should child support include?

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What should child support include?

My husband and his ex-wife divorced approximately 4 years ago. In their divorce agreement she received custody of their 2 kids and remained living in the house that my husband owns. Their agreement said that he was to pay the mortgage on the house in lieu of child support. He also helped (helps) with incidental expenses. The ex-wife was to gain the equity in the house once it sold. She has since remarried and lives in a different home. So, essentially not receiving any benefit from child support as the house has not sold and we are still paying the mortgage. She and her husband have now been trying to negotiate with us (my husband and I) into moving into the house. We have agreed to pay her some of the potential equity that she would have gained in payments for a couple of years and child support benefits. She still insists that my husband pays for half of all incidental expenses, to include clothing, school expenses and extracurricular activities for the children, which we feel should be covered now by the child support benefits. She also wants to have final say in extraordinary expenses (maybe to include summer camps and such) to which we feel she would have legal route to sue us for that money if we don’t agree or if we cannot pay.

Asked on April 5, 2011 under Family Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen, what they are trying to do here is to negotiate a modification of their agreement and for that you need to have someone be a mediator and not use this type of forum.  If they are going to agree to basically re-write the agreement as to the house to invalidaqte the child support agreement then I think that if they can not agree on child support that the court will approve, the court will render a decision based upon the income model used by the state.  In other words, the amount he pays has to be equal to or more than the amount that a court would order using the system it uses to determine each of the spousal share.  Get help here.  This is way to important to take a chance with.  Good luck.


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