Will my ex husband still pay child support if I make more money now? 18 Answers as of September 27, 2011

The non-custodial parent is always required to pay support. Your ex may be entitled to having his support obligation decreased based on your increased income, but not terminated.

Most California Court's use the program called "DissoMaster" to calculate child support. It is a very complicated calculation which is based primarily on how much money each party earns and how much time each party spends with their child(ren). The DissoMaster requires a lot of other information to be considered, including, but not limited to the following: a) your tax filing status and how many exemptions you claim; b) how many children you have with the other parent; c) taxable vs. non-taxable income (wages, self-employment income, interest, dividends, rental income, capital gains, losses, etc.; d) your itemized deductions such as mortgage payment, property taxes, medical expenses, charitable contributions, etc.; e) whether you are remarried; f) adjustments to income; g) who pays health insurance and how much it costs; h) hardships; and i) other miscellaneous items and expenses. Given the limited amount of information provided by your question, it is difficult to determine whether you will still be entitled to receive child support without having additional information. However, be advised that it is the public policy of the State of California for each parent to contribute to the support of their children regardless of their respective income. Since this is a very complicated area of the law, you should consult with a Family Law Attorney or Forensic Accountant to discuss these issues in more detail.

Under Nevada Revised Statute 125B.145, the child support amount can be reviewed every 3 years, upon request, or anytime on the basis of changed circumstances. Under that statute, a change of 20% or more in income is deemed to be considered changed circumstances. My office is well-experienced in assisting in these matters and provides free consultations.

He would have to file for a downward modification based on a change of circumstances... It wouldn't be done without him filing that petition.

Your ex husband is obligated to pay the same amount for child support unless and until he sues for a reduction. If he sues for a reduction, whether or not the reduction is granted will depend on how much your raise was, whether or not his income has increased during the same time, and a few other factors. If your raise was substantial and he still makes the same money, it is likely he will get a reduction, but not likely that his support will be eliminated unless you share 50-50 custody or he obtains more custody time.

Yes. Your ex will still likely have to pay child support. However, the amount of the child support will probably change if your incomes have changed in a significant way.

Possibly, but at a minimum, his obligation will be reduced rather than terminated.

It depends. In Massachusetts your child's father has the option of filing a complaint for modification to modify the amount of child support that he pays based on your increased income, because Massachusetts takes into account the payee's gross weekly income when calculating a child support order. Keep in mind that a Massachusetts court will apply the following standards in determining whether the child support order should be modified: (1) "guidelines inconsistency" and (2) effecting a fair and reasonable allocation of parental resources. So, it is not certain that a court will or will not modify your judgment if your child's father files a complaint for modification of that judgment; instead, it will depend on whether the court finds that the allocation of parental resources has changed in his favor, reducing his obligation accordingly.

Yes but the amount may change - but he would have to move for a modification.

Generally, if the other party took you back to court, he could seek a modification of child support under the child support guidelines, but generally, it wouldn't eliminate the obligation, even though it might be reduced.