Can he take her back to court and get the amount of child support reduced? 15 Answers as of April 28, 2014

My husband has three children with his ex and pays child support every month on all three. Since me and him have been together, we've had 2 kids. Does the court not take into consideration a new family he has to take care of?

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Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
The court can deviate from the standard child support amount if there are additional children. However, the court will usually only do that if there is plenty of money in the household of the parent receiving support. The court would certainly look to see that you are working so that support for your children is also provided by both parents. If he had three kids, he should have thought about having any more if he couldn't afford child support. The court will not deprive the first set of kids in favor of the second.
Answer Applies to: Washington
Replied: 4/28/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
The court should take into consideration that there are additional children when modifying child support. I hope this helps.
Answer Applies to: California
Replied: 4/28/2014
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
He should file a motion to amend the child support. Your two kids with him give him a credit against the income that is available for the support of the other 3 kids. He should get a lawyer.
Answer Applies to: Virginia
Replied: 4/28/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It can, but he has to prove there has been a substantial and material change in circumstances. Two children sound material to me. He may want to talk to a local family law attorney to see if he or she can calculate how much the change would be.
Answer Applies to: Idaho
Replied: 4/28/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Yes, the support calculator has a feature in the program to address this.
Answer Applies to: California
Replied: 4/28/2014
    Richard E. Kyte, Jr. Attorney at Law PC
    Richard E. Kyte, Jr. Attorney at Law PC | Richard E. Kyte, Jr.
    Child Support: Anyone who wishes to have the child support amount adjusted must show a change in circumstances." There is the possibility that with 2 new dependents some adjustment could be achieved. However, the RI Child support guidelines require knowing each parents income currently, and calculating the number based on the formula imposed. There is a possibility that up to 50% of the amount "new" amount for the 2 children could be deducted from the gross monthly income. From that point the parents combined income (mother's gross monthly income and father's adjusted gross monthly income) would determine the total child support number. Father's percentage of the monthly gross would determine his new support number.
    Answer Applies to: Rhode Island
    Replied: 4/28/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Yes he should go back to court and advise it of his family. then an adjustment should be made.
    Answer Applies to: Pennsylvania
    Replied: 4/28/2014
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes if he has more children.
    Answer Applies to: Georgia
    Replied: 4/28/2014
    Trendowski & Allen, PC
    Trendowski & Allen, PC | Gregory Allen
    Yes and no. If his ex tries to increase the amount of child support he has to pay he can use his additional children from a subsequent relationship as a defense to the increase. However, he cannot use those children as a basis to reduce his obligation to his children from the previous relationship. I know it may not seem fair, but the rule is pretty black and white.
    Answer Applies to: Connecticut
    Replied: 4/28/2014
    John Ceci PLLC
    John Ceci PLLC | John Ceci
    Yes, the court will take the new family into consideration. There are provisions in the child support formula manual that require this. I cannot definitively promise a reduction in support because I don't have nearly enough information - specifically I don't know his income, her income and the number of overnights (the three biggest factors in determining support). He should definitely consult with an attorney to review the particulars and get the process started.
    Answer Applies to: Michigan
    Replied: 4/28/2014
    John Russo | John Russo
    Yes he is entitled to a credit for those two children.
    Answer Applies to: Rhode Island
    Replied: 4/28/2014
    Smith Law | Sharon K Smith
    Yes they do. He needs to file for a modification of support if the original order was in place before the other children were born. The new children show a substantial change in circumstance which what is needed to have the support modified.
    Answer Applies to: Pennsylvania
    Replied: 4/28/2014
    Home Town Law, P.A.
    Home Town Law, P.A. | Sabina Tomshinsky
    No, children that are born subsequent to the children who are subject to a child support order in and of itself do not lower current child support obligation. However, if your husband's income has significantly decreased, then he may have a basis for a modification of his current child support obligation.
    Answer Applies to: Florida
    Replied: 4/28/2014
    Diane l. Berger | Diane L. Berger
    In Nebraska, the birth of subsequent children is not, in and of itself, a cause for a reduction in child support.
    Answer Applies to: Nebraska
    Replied: 4/28/2014
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    No, there is no reduction for an additional family. He took on an additional obligation knowing what his first obligation was.
    Answer Applies to: Wisconsin
    Replied: 4/28/2014
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