Applying For A Child Support Modification

by D

My husband and I have had primary physical and shared legal custody of his 2 children for 6 years now. The ex wife left in 2005 and signed custody arrangements so that she has the boys for the summer and every other holiday.

She currently pays about 700 a month in support, which is garnished from her check. She is also 4,000 in arrears, which about $50 a month paid to us is arrears payments.

Here is the situation..the boys are now 10 and 8 and want to “go live with mommy” because her home lacks any rules, chores or monitoring. My husband and I have 3 other children between us as well and the boys have grown up with these children since they are their siblings.

Well, my husband is considering letting the boys go live with their mother. She lives in PA and we live in MD. She swears she won’t ask for support if she gets them, which we both know is total BS! She has remarried but they don’t have any children.

Her husband is the main income and she is a part time bartender. The question is, if we allow the boys to go live with her, can she quit her job or work even less hours, then file for a modification so that her child support order is larger?

Also, what happens to the arrears that she has built up and not paid? Is that just forgiven? We are considering moving to PA so that our kids can still see the boys and so that custody can be fairly split 50/50.

I have been using the child support calculator for MD and it comes out saying that, even if we share custody 50/50 – if she quits her job or lowers her hours, and my husband’s income remains constant she would actually get more child support.

I am sure that this is her plan, get the boys, quit her job, and get lots of child support. She is NOT a good mother, always cussing, yelling complaining when she has them. So, we need to know if she can quit her job to up her support if we let the boys stay with her.

Also, if we are splitting custody 50/50 can she still get child support? I mean, if we live right next door, not like I want to, would either one of us have to pay child support?

Is it best to have a child support order in place so that the other parent is not constantly asking for things due to their expenses? Please let me know what you think about all this?!
D in MD

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