Does her being a single mother, unemployed and pregnant entitle her to additional child support? 5 Answers as of May 23, 2013

My ex wife and I have been divorced for 4 years and we have 3 children. She currently is pregnant by a boyfriend and is asking the courts for more child support from me because she claims she is unable to hold a job with her new child's impending birth and won’t be able to work after the birth. The court impugned a $30,000 salary on her after 3 years of divorce. For the last 2 years, she has not even earned $7000 per year. She currently is claiming "change in circumstance" in order to have child support payments increased. I feel she should be seeking payments from the new father, but I know she won’t do that in paper work because they are dating.

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You can still ask the court to impute an income of $30,000 to her. The pregnancy is temporary and not the basis for changing the child support.
Answer Applies to: Idaho
Replied: 5/23/2013
The Law Offices of Tres A. Porter | Tres A. Porter
You should consult with a family law attorney in your area immediately.
Answer Applies to: California
Replied: 5/23/2013
Kunin &Carman | Ishi Kunin
Your argument is absolutely correct. Either you need to present it, or retain an attorney to present.
Answer Applies to: Nevada
Replied: 5/23/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Possibly, but not necessarily? It depends upon the quality of your opposition to her RFO, which, among other things, should address the Court's prior imputation of $30,000 of annual income to your ex-wife, and demonstrate her continuing ability and opportunity to earn. You would best retain (if not consult) an experienced Family Law Attorney to advise and assist you in opposing her RFO.
Answer Applies to: California
Replied: 5/23/2013
John Russo | John Russo
I see nothing here that should affect you, to seek a modification the burden is on her to show a substantial change in circumstances as it relates to you her and your 3 children, I don't see the court changing it's position that she has the ability to earn 30k per year, the fact that she is pregnant and not married should not be a circumstance that requires an increase from you that is a self-inflicted wound, and the support for that child falls to someone else, also her 4th child is not even born as of yet so her argument on that issue is not ripe, and once the child is born that child will not be your obligation, so again there is no reason to change the fact that she has an ability to earn.
Answer Applies to: Rhode Island
Replied: 5/23/2013
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