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Sep 06
2009
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Ask a Lawyer: Child support and remarriagePosted by: Dads Divorce on Sep 6, 2009 Tagged in: remarriage , NY , Modification , Maintenance , joint , custody , Child Support , Child Support , Ask A Lawyer , adjustment
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Question:
I have been remarried for a year and my ex-wife is getting married next week. I was required to increase my child suuport in April because my ex-wife was fired from her job. A week later she bought a 3 bedroom house. The man she is marrying has 2 sons who now share a room with my son. Before we were married my children each had their own bedroom in a 2000 square foot house. Now my son must share his room with 2 boys who are 6 years younger than him. I have a 4 bedroom house where my children each have their own room. Can a file for a reduction in child support since my children are not living in the manner they were accustomed to or can I file for primary residence.? We currently have joint custody and she has primary residence. I want to support my children but I don't feel my7 child support should have to pay for the other 2 boys.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of New York. It will be difficult to modify child support now so quickly after one modification was entered. you have to show the change that has occurred to change child support, and that would not be including their actual living environment.
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written by Strongwil, September 06, 2009
I was married almost 10yrs I received custody of our children and my ex-wife was awarded maintenance. Both maintenance and support was the same amount lets use 597.00 child support for 5 children and 597.00 4yrs of modified maintenance. My wife left the marriage to be with her lover. We did however split the property profits and I accurred all the marital debts. Almost a year after the divorce I was homeless and had to get assistance to take care of our 5 children, she had a stabled job and was living with her boyfriend. The agency insist that I file for childsupport in-order to get assistance, and I agreed. My ex-wife got upset and in 2003 filed a ganishment for maintenance, I filed a motion to quash pro se and was granted the quash. Now come year 2009, my ex-wife files another garishment and it was also quashed, however because my job didn't extract the garnishment on a timely manner her lawyer appealed and won so the quash was reversed. They filed another motion for maintenance and garnishment in a different county in missouri, it went through and I my wages have been garnished, I filed another quash motion that is pending the judges decision. I feel this is unfair considering I have to pay and still paying all marital debt. I have remarried and have five children in the household my current wife is limited on her job due to her health, Lupus and she is also dealing with issues from her ex-husband. I am in a nightmare trying to find a solution.
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written by Carlos Mercado, October 11, 2009
I have been divorced for the last year and since re-married. My ex-wife is now going to file a motion to increase the child support, however, in my current relationship me and my new wife do not have any children together, does the salary of my new wife come into play with the new motion my ex-wife will file for increase of child support.
Another question, I have two kids from my previous marriage a girl that is 15 years old and a boy who is now 18 and in College with a full paid 4yrs scholarship and will start working a new job, would the child support be reduced now that he has a job. My wages are currently being garnished for $800.00 a month for child support. Please advise what can I do to have a reduction in the child support and does my new wifes salary come into play with all this.
Another question, I have two kids from my previous marriage a girl that is 15 years old and a boy who is now 18 and in College with a full paid 4yrs scholarship and will start working a new job, would the child support be reduced now that he has a job. My wages are currently being garnished for $800.00 a month for child support. Please advise what can I do to have a reduction in the child support and does my new wifes salary come into play with all this.
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