child support reduction?

[richey91904]

My husband pays 165.00 a week to his ex wife for their 7 year old daughter. He has joint custody and gets his daughter 2 nights a week as well as every other weekend, on top of the 165.00 a week he has to pay, he also has to pay 65% of day care. He now is remarried and we have a child together. Is there anyway to lower the amount he pays to his first wife?

 

[gearhart7]

He needs to file a petition to modify child support. Write to his support office on how to do this. Keep copies of everything. They should change it because his situation has changed with having another child with you.

Good Luck.

 

[AngryMom]

Not necessarily

He would have to show that there has been a significant change in circumstances. That would include job loss, lay-off, pay cut, and such matters.

Most jurisdictions do not consider an additional child a significant change in circumstances by which to change an existing support order. Many judges will argue that he should simply not go on to have additional children with a second family if he cannot afford to support the one he already has created.

You would need to look up your specific state's requirements for modification. Some states are based solely on the NCP's income, some are under the income-share's model. There are many variables to consider simply based on what state has jurisdiction. Without knowing that, no one can tell you anything one way or the other really.

 

[sweets2396]

Yes necessarily

The court will definetly consider the fact that he has another child now. That is why they look over child support order every few years to see if your living circumstances have changed and they have. So you should go and file a petition for modification.

 

[Duranie]

The courts may or may not take this new child into consideration. They look at it this way-he new he had a child to support and had more kids anyways. Some courts are not going to take away money from the first child.

You can ask, you may or may not get it based on the fact alone he has more kids.

The new child may come into play if the ex asks for an increase, but maybe not for a reduction.

 

[carney]

The only thing the courts look at is his and his ex's income. If he suddenly lost his job and had to get a lower paying one then he can go back to court and ask for a reduction. Sometimes if you go to court and ask for a reduction, the mother can ask for an increase in child support. The mother or person who gets the child support can ask for an increase every 3 years from what the child support office has told me. The court doesn't care how many children he has or has to pay child support to. They only base it on his and his ex's income. Years ago my husband was in the military and he paid child support to his ex who worked for a hospital. Then he got out of the military and had a much lower paying job. He went to court to ask to lower it, but she had got a raise in income so they ended up increasing his child support. You never know how the courts will decide so be careful.