Q. I am moving overseas this summer for a new job. My ex routinely drags me back to court at least once a year claiming child support needs to be readjusted. We divorced when our daughter was a year old. She is now 8. I cannot imagine this routine will stop just because I’m living in another country. If anything, I suspect she will rejoice in the inconvenience returning to the US to go to court will create for me.
Over time, I realized that the constant negative interaction was damaging our daughter so I agreed my ex could have sole legal and physical custody – it seemed the only way to preserve my sanity and our daughter’s childhood. So I only have to modify child support – not parenting.
Is there a simple way to avoid this going forward?
A. It sounds like nothing is easy with your ex, but you have options. The simplest of which would involve you routinely exchanging income information with your ex and updating child support on a schedule rather than on her whim. You should hire a lawyer now to contact her to proactively review the child support in light of the compensation package for your new role. Don’t leave it up to her or she will surely raise the matter as soon as she learns you have moved. Fill out a new financial statement reflecting your expected income and calculate support. If it changes by even $1.00, your lawyer will send her the documentation and ask for her updated financial statement for confirmation. Then the lawyer can send her a proposed joint petition for modification and agreement to begin the new child support amount upon your relocation.
In the proposed agreement, require an exchange of year-end tax reporting documents (W-2, 1099, K-1, etc) by March 15 each year. Build in a process to run new child support guidelines and update the child support amount for the year by April 15.
On June 1, a new standing order takes effect regarding virtual hearings – look up Probate and Family Court Standing Order 1-26 for details. Typically, modification actions are assigned to Pathways conferences where routine child support updates are typically resolved. Those conferences will all be held virtually now. If settlement is not achieved, you can easily request virtual hearings going forward.
Email questions to whickey@brickjones.com
