Child Support Reduction?

Question

My husband has a 5 year old daughter with his ex girlfriend and even though he was supporting his child she still ordered child support just to spite him. Now me and him have a 9 month old son. My question is shouldn't he be able to go to court to get a reduction because his sitution has changed (Gotten married and has a child)? We live in the Maryland/Washington DC Area.

Thanks For All of Your Help (In Advance)

He was taking care of his daughter. He moved from DC to MD in the same apt complex to be closer with his daughter and his ex. But she would not allow him to see her (his daughter) the way he wanted to.

She always had or has (even now) some crazy reason for my husband not to see his daughter.

So when they went for support he just told the judge to take the most they can take because he wanted his daughter to have all she could. He left out all the stuff about her not letting him see his own child. Because she was luching so hard, he just wanted it to be over with.

Answer 1

Marsh, with child support it goes strictly on his income. If he has lost some of his income since the order was first in effect he can ask for a lower amount. Yes, having a child in his home, as long as it is his, also counts for him. He will just have to talk to them and ask for a lower amount due to having a child now with you. It will not make a difference though if his income has went up.

Answer 2

Most courts will allow a reevaluation during change of circumstance as long as it has been several years since the last court order. Yes it is possible that the amount can be decreased, but keep in mind that if the ex or he is making MORE money, it could also mean an INCREASE as well. Most state calculators are based on how much BOTH parents make, not just the paying parent. Your state child support calculator (usually available online) will give you and idea of this amount. ALSO, If your husband is not paying child care or medical benefits, and only the child support, that could also play a role in the amount.

Payment of child support is SEPARATE from visitation. People tend to think that child support is not necessary when someone keeps them from the child. THIS is not the case. The child has a right to be supported by both parents regardless of what the parent's problems are. For that reason, Visitation is usually a separate case from child support. Your husband does also have a right to petition the court for set visitation. If he already has set visitation rights, The courts can make his ex enforce those rights.

Yes it does take a lot of court appearances, etc. Too many men get caught up and complain about not getting help from the courts due to it being such a hassle (or expensive) to change things. It would really have to matter what issues in this situation are the most important to your husband.

Good luck!

Answer 3

its strange to see alady ask this type of advice, but none the less you seem to be a wife that supports your man and I like that.

I'm having similar problems, but I'm not married and my fiance' and I dont have a child together, but we are getting married. We both are teacher assistants and being that school is out we're not getting paid over the summer, I have already filed my petition to go to court and have my CS reduced, we goto court on July 10th, however in previous court matters the judge has always sided with the mother. My court order was for $106 a week and I wasn't having any $ left over to take care of my regular bills, the judge didn't care, i ended up losing my house and I had to hide my car so it wouldn get reposessed, i lost all my furniture and all my bills were behind, i still owe for some of those bills. I think it just depends on the judge, also; tell your husband not to quit his job and look for another paying a less amount b/c they will still make him pay according to what he was making on his previous job. I hope I helped a little bit, I'm in SC. If you or youe hubby wanna talk more about it feel free to email me.

Answer 4

This is not gonna happen, although it is not fair to you, most of all the judge is going to look at that child as a child in need, and it is ALSO his child=his responsibility, no matter how many kids you and your husband have it will not change the fact that there is another child that deserves the same opportunity as the childer you two have together. It is even more unfortunate for the first child, because he/she does not get to see his/her daddy every day and he/she is deprived of all privileges your childern will have, and the judge is going to look at this. Situation might change if the ex-girlfriend get married and has another child. Then yes, you have a chance! Good luck...

Answer 5

It's hard to say if he would get a reduction, he should see an attorney, there is a chart that bases child support on his salary. If you also work he might see an increase,, its not a question that anyone but an attorney will have an answer to. Child support is not about the fathers situation, rather about taking care of is child in a proper manner.

Answer 6

The only way to find out is to go back to court. Also, remember, you don't want to take away too much from the other child. She didn't ask to be born. Try to be fair about this. If he is finding it financially hard, then he should go to court tell them that he wants to take care of his daughter, but that he now has a wife and another child and he is finding it hard to support both daughter and son. He needs to be fair. Please make sure the daughter stays very much part of his life.

I speak from experience. I married my husband and he had two children before we married. We then had two children ourselves. I made sure that he remained a part of his other children's lives, and that they never needed anything. It was tough at times with their mother, but I would talk to her myself and tell her that I never had anything against her, therefore, we should just have the kid's interest at hand. With time, things started to get better. I even baptized my step daughter. Well both kids are full grown now, and they keep in touch with me just as much as with their father. I have a wonderful relationship with them. I've always treated them as my own. Their mother began to see this and her guard went down a long time ago. You have to put yourself in her place. You now have a child and you only want the best for him. So does she.

Good luck.

Answer 7

He could go to court and tell the judge he has a new family he has to support and that if he could get a child support reduction the judge has to say yes

Answer 8

md is hard on child support. They dont care what other obligations you have. I have been thru it in md.