My ex and I have joint custody of our daughter she turned down support in court can she ask for it again and is based on just my income or does hers matter as she makes almost as much
1 Answer from Attorneys
Child Support is the right of your daughter and so although the Court may have accepted that it was appropriate to permit you to agree to no child support at that time and based on the circumstances at that time, neither you nor your ex is allowed to "turn down" child support. Yes, child support can be modified any time there are continuing changed circumstances that are going to change the child support amount by at least 10%. Either of you can ask for it to modified, and if your daughter is young it may be modified several times over the years. When child support is being modified, the Court looks at both of your incomes, so yes it does matter how much she makes. Overtime and bonuses are only included in certain circumstances, so be aware of that when you're comparing incomes. The Court will also take into account how many overnights your daughter is spending with each of you, as well as things like who is paying for daycare and who is paying for insurance. If none of these things have changed since you were in Court, then she can't get child support yet; she has to show that something has changed in order to ask for it. If either of you files a Motion, I strongly recommend that you see an attorney for assistance in reviewing the facts with you to be sure what is being asked for is appropriate, either under the guidelines calculation, or addressing any issues that may suggest it is appropriate to do a different amount than the guidelines suggest.