What can my ex wife actually get away with? 10 Answers as of May 27, 2013

My ex wife is threatening me after 12 years of paying the child support the court ordered me to pay. Her reason is that I make more money now, and that she bought a new house and has to protect herself. I have 50% custody of our 2 children ages 16, 14. I also pay all insurance, car insurance, and cell phone bill for my kids.

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Law Offices of John S. Keating
Law Offices of John S. Keating | John S. Keating
If there has been a "material change in circumstances" in your or your ex-wife's situation since the amount of child support was ordered by the Court, then yes, it is possible your ex-wife could obtain a court order establishing a new child support figure. If her income has gone?down by a significant amount, or her expenses have gone up by a significant amount, or if your income has gone up by a significant amount or your expenses have gone down by a significant amount, any of these factors could potentially trigger an increase in the child support that you are obligated to pay her. How much of an increase you are potentially facing, and the chances of child support being increased at all, are things I could not even guess at any without seeing your separation agreement and/or judgment of divorce, any subsequent orders of the court (if there have been any such orders), and some figures as far your and your ex-wife's current income and expenses.
Answer Applies to: Massachusetts
Replied: 5/27/2013
Law Office of Darin Kanfer | Darin J. Kanfer
Since child support in Michigan is in part based upon the parties income, if your income increase, you could be responsible for paying more child support. If your ex-wife files a motion or the Friend of the Court determines your income has increased, your support payment could be raised.
Answer Applies to: Michigan
Replied: 5/27/2013
Mavrides Law
Mavrides Law | Marcia Mavrides
Either one of you can file a complaint for modification asking for a child support adjustment. Therefore, your ex wife can seek a modification. However, the fact that you are paying a significant amount of other expenses for the children should be considered when the child support is reviewed and recalculated in accordance with the MA CS Guidelines. One option is to ask the judge to deviate from the guideline amount - go lower- since you are paying these other expenses. Otherwise, you should ask not to be required to pay these expenses if the amount is increased and make this your wife's responsibility. Are you claiming the children as dependency exemptions? If not, you can ask for that as part of any child support modification.
Answer Applies to: Massachusetts
Replied: 5/27/2013
Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
You might remind your wife that because both of you have equal custody, she is liable for the support of the children as well. It appears that you have been paying what you are supposed to be paying for several years. What has your ex been contributing for their support. To be fair, the court takes in both parties income and expenses, and the expenses of the children, and comes up with a formula in each case for how much support each party might have to contribute. Family law specialists in California have the current software to calculate this, so if you go see such a specialist, he or she can help you with these figures.
Answer Applies to: California
Replied: 5/27/2013
The Law Offices of Tres A. Porter | Tres A. Porter
You should consult with a family law attorney in your area as soon as possible. The computation of child support considers a number of factors. But the major components are your income, her income, the amount of time you have the children, who claims the children on taxes, mandatory retirement deductions, work related expenses and children of other relationships. You might discuss the issue of your payment of car insurance and cell phone bills for the children with her. The fact that she has a new home is absolutely not going to any major factor in determining child support through the Courts.
Answer Applies to: California
Replied: 5/27/2013
    John Russo | John Russo
    What are you talking about just because you seem to know does not mean the rest of the world does, she is threatening you about what?
    Answer Applies to: Rhode Island
    Replied: 5/27/2013
    Henry Lebensbaum | Henry Lebensbaum
    What is the threat
    Answer Applies to: Massachusetts
    Replied: 5/27/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    She has to prove there has been a substantial and material change in circumstances. I don't know that her buying a new house qualifies, but your making more money might.
    Answer Applies to: Idaho
    Replied: 5/27/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    She is seeking a modification of child support . Since you share custody 50/50 I am surprised you are paying support unless there is a disparate difference in income. So you also have a good defense as paying 100% or car insurance and health insurance and she chose a more expensive house should not be your problem.
    Answer Applies to: Georgia
    Replied: 5/27/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The answer to your questions will be found in your judgment of divorce, and child support continues until the children reach majority. It is always modifiable depending upon the income and circumstances of the parties and if over the last 12 years in your income has significantly increased so would your obligation. It is within your ex-wife's rights to petition the court for a redetermination.
    Answer Applies to: Michigan
    Replied: 5/27/2013
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