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Sep 06
2009
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Ask a Lawyer: Child support and remarriagePosted by Dads Divorce in remarriage , NY , Modification , Maintenance , joint , custody , Child Support , Child Support , Ask A Lawyer , adjustment |
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Dads Divorce - Free custody and alimony advice for men and fathers.Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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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.
Question: My (ex) wife just filed for divorce that is non contested. She got a lawyer, but I did not. Her expenses are listed in the papers for calculation of child support. I have no problem paying child support, but the amount is too high. My expenses were NOT calculated in order to come up with this specific dollar amount. How do I go about getting my expenses calcualted in order to adjust the dollar amount? Do I need a lawyer? Or can I go about this w/o a lawyer? Please help. 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 Kansas. Some jurisdictions consider your income and her income in determining child support, while others only consider your income. You can file paperwork with the court regarding your income and expenses. it is always advisable to get counsel if you are not happy with what has been offered to you.
Question: My ex-wife purposely doesn't work in order to receive additional child support and submit only the Oregon state basic minimum wage of $1299/mo, however, her husband's income is approximately $4,000/mo. Does this factor in at all when calculating child support? And does the fact that she arbitrarily infringes upon my visitation (ruins it by suggesting "options" to coming with me to my small children, i.e., play with the cousins instead, etc.) on a now regular basis affect what I pay? 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 Oregon. Generally a new spouse's income does not come into play in determining the amount of child support. In general her interfering with your visitation will not give you any right to request a reduction of child support.
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