QUESTION
Can he take her back to court and get the amount of child support reduced?
Asked on Apr 25th, 2014 on Child Custody - Nebraska
More details to this question:
My husband has three children with his ex and pays child support every month on all three. Since me and him have been together, we've had 2 kids. Does the court not take into consideration a new family he has to take care of?
7 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The court can deviate from the standard child support amount if there are additional children. However, the court will usually only do that if there is plenty of money in the household of the parent receiving support. The court would certainly look to see that you are working so that support for your children is also provided by both parents. If he had three kids, he should have thought about having any more if he couldn't afford child support. The court will not deprive the first set of kids in favor of the second.
Answered on Apr 28th, 2014 at 2:20 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It can, but he has to prove there has been a substantial and material change in circumstances. Two children sound material to me. He may want to talk to a local family law attorney to see if he or she can calculate how much the change would be.
Answered on Apr 28th, 2014 at 10:58 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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The court should take into consideration that there are additional children when modifying child support. I hope this helps.
Answered on Apr 28th, 2014 at 10:57 AM
Yes, the court will take the new family into consideration. There are provisions in the child support formula manual that require this. I cannot definitively promise a reduction in support because I don't have nearly enough information - specifically I don't know his income, her income and the number of overnights (the three biggest factors in determining support). He should definitely consult with an attorney to review the particulars and get the process started.
Answered on Apr 28th, 2014 at 8:49 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No, there is no reduction for an additional family. He took on an additional obligation knowing what his first obligation was.
Answered on Apr 28th, 2014 at 8:49 AM
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No, children that are born subsequent to the children who are subject to a child support order in and of itself do not lower current child support obligation. However, if your husband's income has significantly decreased, then he may have a basis for a modification of his current child support obligation.
Answered on Apr 28th, 2014 at 8:49 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In Nebraska, the birth of subsequent children is not, in and of itself, a cause for a reduction in child support.
Answered on Apr 28th, 2014 at 8:48 AM