Since ex-wife just got BA degree, can I request for a modification of child support? 5 Answers as of August 23, 2013

My ex-wife and I got divorced in 2007. Since then, she has not worked but has been going to school. I have been paying an extremely high amount of child support since the divorce. She has now obtained her BA in nursing, we both have had a new child and she has been with the same boyfriend for 6 years now who helps support them. Also, when the new support was established she made up that she has daycare expenses totaling $600 a month and I was made responsible for half, when she never used daycare for our child. I am wondering if it is worth while to seek a modification of support.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In my opinion you have given sufficient facts to warrant a modification of child support. You should consult with an experienced family law attorney in your area for assistance in reviewing your facts and how they might factor in to a child support modification.
Answer Applies to: Arizona
Replied: 8/23/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
You can modify child support if there has been a substantial and continuing change in circumstance, or the child support award changes by 15%. Because your ex-wife can presumably earn more money as a nurse, you could argue that there has been a substantial and continuing change in circumstance and her income should be attributed to a full-time nurse's salary. If she chooses not to work that is not something you should be held to bear the cost.
Answer Applies to: Arizona
Replied: 8/22/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If there are no child care expenses any longer (or never were) and if she is now earning more money than she was at the time of the original child support order, you are most certainly entitled to a modification of child support.
Answer Applies to: Florida
Replied: 8/22/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
It may be, but I think you should wait until she is working and has established an annual income. Her new income should help reduce your child support.
Answer Applies to: Idaho
Replied: 8/22/2013
Diane l. Berger | Diane L. Berger
Don't know exactly what the numbers are so can't give a definite answer. But if your child support was based on your income and your former wife having no income, the amount would certainly change. the fact that she lives with a boyfriend would have no bearing as he has no responsibility for providing for your children. Your income and hers are the only numbers that are significant.
Answer Applies to: Nebraska
Replied: 8/22/2013
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