Am I able to petition for more child support if ex has more children with new spouse?
Question:
I want to take my ex back to court to modify the support order. EX makes a significant amount more money now I’m guessing at least 15k more and it’s been more than 3 years since the last order. EX has 2 kids with new spouse. Is it worth petitioning for more money since my child has more needs which include my health insurance that I carry for the child, and out of pocket medical? Do I run the risk of getting less child support if EX decides to cross petition? Does court include that I have kids with new spouse to argue against ex spouse trying to decrease? (as in just because they have more kids doesn’t mean the first kid gets neglected). Also does court take into consideration ex that supports stepchildren?
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Answer:
Initially, the Court must assess child support based on your ex’s full income and deduct any support that he is ordered to pay for other children. His remarriage and two new children do not affect that calculation. There is always the chance that the Court finds that it would be unjust or inappropriate for him to pay full child support. But, that is not a likely outcome. The court would also then need to consider if his new spouse has an income or an income earning ability. And, as you have said, you also have more children. I would recommend that you consult with an attorney to review all of the facts so that you can determine whether you should file.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Albany Child Support Lawyer. This does not consent an attorney client relationship.
