Musico v. Musico: Parties agreed to an above-guideline level of support, but a subsequent change of circumstances leads to a support review.
Father was not entitled to a reduction in his above‑guidelines child support obligation, to which he and mother had agreed in their divorce settlement agreement, after parties subsequently agreed to an increase in father’s parenting time, as there was a direct interrelationship between mother’s permanent waiver of alimony during divorce settlement negotiations and father’s commitment to pay above‑guidelines support, father was able to secure a significant economic benefit via mother’s waiver of alimony, father had incurred no reduction in income or earning capacity, and extra support money helped mother pay her health insurance, which in turn, freed up more money for other items in children’s household budget.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
Using Qualified Domestic Relations Orders (QDROs) for dividing retirement plans as marital property between divorcing spouses is commonplace; however, an alternate payee under the Internal Revenue Code (IRC) is defined as a spouse, former spouse, or dependent [IRC §414(p)(8) and ERISA §206(d)(3)(K)].