QUESTION
Can child support be reduced if I got remarried and got a new job?
Asked on Aug 05th, 2012 on Divorce - California
More details to this question:
I recently remarried, and lost my alimony. I had to go back to work. My ex has decreased child support because I now work. Can he legally do this without a court order?
32 ANSWERS
Adoption Attorney serving Oxford, MS
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Mary Milek, Attorney at Law
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No.
Answered on May 24th, 2013 at 2:34 AM
No.
Answered on May 24th, 2013 at 2:33 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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No.
Answered on May 24th, 2013 at 2:32 AM
Leonard A. Kaanta
No.
Answered on May 24th, 2013 at 2:29 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 24th, 2013 at 2:23 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No.
Answered on May 24th, 2013 at 2:20 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Legally, child support orders can only be changed by a new court order and the change is not effective until the new order is entered. You don't provide enough information to determine whether the child support would be reduced, but in Colorado the loss of alimony would justify a review of the parental income and could justify a modification; that modification could be up or down, depending on all the other facts. But, until there is a new court order, your husband's obligation for child support continues and he is in contempt of court if he fails to pay what is required.
Answered on Sep 07th, 2012 at 5:16 PM
He needs a court order to modify child support. You probably need to recalculate child support based on your change in alimony and your new job.
The Father may also have an increase in income, warranting a recalculation. Good luck.
Answered on Aug 27th, 2012 at 12:13 PM
Dave Hawkins
Yes if the remarriage results in a new child and income decreases. The only way to decrease ones support obligation is by court order or by Administrative order through DSHS.
Answered on Aug 21st, 2012 at 2:48 AM
Suzanne H. Lombardi
In Alaska whether your ex husband can reduce child support without a court order depends. If the court has set the child support he would have to go through the courts to get the amount reduced. If the child support was set by CSSD then your remedy would be to work with them to make sure that your child support is correct.
Answered on Aug 21st, 2012 at 2:48 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No, but depending on how much support was and how much it was reduced it may not make sense to go back to court. Consult a lawyer about the support level.
Answered on Aug 21st, 2012 at 2:47 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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The child support your ex owes is as specified in in your divorce decree or other court order. He has no right to appoint himself as judge and reduce his own child support obligation, even if you win the lottery. Go to the Texas Attorney General's child support enforcement office if you can't afford a lawyer.
Answered on Aug 21st, 2012 at 2:46 AM
No, you can bring an action to recover the lost support. You should consult a family law attorney or facilitator to assist you with the paperwork.
Answered on Aug 21st, 2012 at 2:45 AM
Real Property Attorney serving Fernandina Beach, FL
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Poole & Poole, P.A.
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Not without a court order.
Answered on Aug 21st, 2012 at 2:44 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Reduction of child support only happens by court order. Get to a lawyer today and ask about filing a motion to show cause.
Answered on Aug 21st, 2012 at 2:44 AM
Check the divorce documents on the subject of child support and you will have your answer.
Answered on Aug 21st, 2012 at 2:43 AM
One party cannot reduce the child support payments without a court order. I recommend you speak with an attorney to discuss this matter in greater detail.
Answered on Aug 21st, 2012 at 2:43 AM
1 Award
No he cannot. He would have to file a motion to modify or reduce child support and either the judge would grant such or you would agree to such. If he just reduces it in his own, he is in contempt of court and still owes the full amount of child support.
Answered on Aug 21st, 2012 at 2:42 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Unless something is built into your divorce decree for a reduction in support based on your employment, no, a court order is required. You can file for contempt if he is not paying the full amount.
Answered on Aug 21st, 2012 at 2:41 AM
Legal Separation Attorney serving Scottsdale, AZ
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Korbin Steiner & Marquis
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In Arizona, child support is modifiable with a substantial and ongoing change, defined as 15% of the current order. He cannot "decrease" child support on his own; he has to file for a modification. He is still responsible for the existing order until it is changed. Pull up the calculator on the self help site.
Answered on Aug 21st, 2012 at 2:41 AM
Barbara A. Fontaine
Child support is usually based on the incomes of the two parents. They do not include incomes of stepparents, who have no legal obligations of supporting a stepchild, He would need to file a modification of support. He cannot just decide to pay less on his own. The child support would be based on a larger total amount, but his % of that amount would be smaller. ( Did he pay 100% before?) The rest would be your obligation.
Answered on Aug 21st, 2012 at 2:39 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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No, he cannot get a reduction without a court Order. It is possible that the removal of spousal support could have gotten you a raise in child support, had you financial situation not changed. He is currently in violation of a court order, to pay whatever child support was ordered and owes arrears plus 10% interest.
Answered on Aug 21st, 2012 at 2:38 AM
Family Law Attorney serving Alameda, CA
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The Derieg Law Firm
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He cannot do this without your consent. If you agreed to a reduced rate, and out this agreement in writing and filed it with the court then fine. But aside from that, he would have to file for a modification of support and go through that process.
Answered on Aug 21st, 2012 at 2:38 AM
James Albert Bordonaro
No! He is not allowed to decrease support without a court order.
Answered on Aug 21st, 2012 at 2:37 AM
Absolutely not. He still owes you every nickel of child support he did not pay, plus interest. To enforce support, contact a lawyer or your local Department of Child Support Services (DCSS). They are part of county government. A lawyer is faster, but DCSS is free. Pick whichever alternative is best for your current situation. There are many ways of collecting child support. The easiest is an Income Withholding Order, sort of like a wage garnishment. The DCSS will issue one and serve it on his employer. The employer will hold out whatever the order says and send it to DCSS and then you will get money from the Sacramento statewide DCSS that sends out the money. They set up special checking accounts and electronically deposit the money. You get a debit card, which you can use for purchases or you can take cash out of an ATM, or transfer into your own bank account. Pretty nifty. DCSS can also intercept his tax refunds, but state and federal. If he is self-employed there are other tricks to get the money. It is like my wife says about working with a horse. You don't force him to do anything. You just make it more comfortable for the horse to do what you want than to do what the horse wants to do. Former husbands are a lot like horses that way. That said, the amount of child support is not carved in stone. It is based on your income, his income and the amount of time that each parent takes primary responsibility for the children. (Notice nothing about new spouses in that formula.) Your working income will "count". Rather than mess around enforcing an order you know is higher than it should be, you should be willing to change the support level to a more appropriate amount. DCSS can help here, too. Once the IWO is in place and working, invite him to come to DCSS with you and all his forms filled out and copies of his pay stubs and work out a new agreement. You should be aware that, when DCSS is involved, there will be a delay in the initial payment and a small delay after that. Once the IWO goes to his employer it is likely that he will stop paying altogether. The IWO takes effect at the next pay day that is at least 10 days after the employer receives notice. Then they are not required to send their check to DCSS on payday. Finally DCSS takes up to 3 business days before sending the money to you. Be prepared for this delay in the startup.
Answered on Aug 21st, 2012 at 2:36 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No not without a court order.
Answered on Aug 21st, 2012 at 2:34 AM
Horace D. Cotton
Absolutely not. He is legally obligated to pay the amount specified in the current support order until it is modified by the Court.
Answered on Aug 21st, 2012 at 2:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No. The order is in effect until it is changed by the court.
Answered on Aug 21st, 2012 at 2:33 AM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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No. But a change in your income may result in a reduction.
Answered on Aug 21st, 2012 at 2:33 AM
Criminal Law Attorney serving Bloomfield Hills, MI
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Ryan Berman Esq.
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If child support wasn't reduced through a court order, than you can still enforce the order that's still in effect (current order controls).
Answered on Aug 21st, 2012 at 2:33 AM
He should get a court order before varying from the court ordered child support. However, child support can be modified by the Court due to a change in income.
Answered on Aug 21st, 2012 at 2:32 AM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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No he cannot reduce without a court order.
Answered on Aug 21st, 2012 at 2:32 AM