Can my childs father get the court to reduce my child suport bcause he's having another child w diff. woman?

Question

He is having a child with his new partner this Dec. and he threatened me with taking me to court to reduce my child support..can he do that? Will the court rule in his favor?

Answer 1

No even if he was to lose his job he would still have topay you child support until your child is at least 18 in almost all the States. Nearly every State in the Union has a minimum amount a man must pay regardless of income. In my state that amount is 75.00 a week per child. The only exception will be if there are clauses in the divorce decree such as, if the child leaves home permanently or married before the age of 18 then child support would cease. If your ex threatens once again tell him to go ahead and try , it will cost him a lot of money and he will still lose. One of the ways to stop this is, petition your local Child Support Office to have all child support paid to the court system and have them send the payments on to you. He will then have to pay court fees and you will have leverage to keep him honest and paying for your child. If you do this he must pay the court on time, if he doesn't they will go after him. The child support office will also freeze all of his Federal and State tax refunds until all money is paid to you if he tries to default or tries to reduce the payments on his own. DO NOT ALLOW HIM TO GET AWAY WITH NOT PAYING YOU THE CORRECT AMOUNT.

Answer 2

Its not the court.....It is the law. In some states, (I live in Texas) child support is determined by the total number of dependants a father has. Example: If he has 1 or more child(ren), with you, then the amount of child support is set at a certain percentage of his income. When he has another child by another woman, he is also responsible for supporting that child as well wheather he has custody or not. By law, the percentage of his income that goes to suppport your children is reduced. I know that this sounds a bit unfair but lets look at it this way: Let's say that a man had a child with woman 1 and he is ordered to pay 25% to her; then he has a child with woman 2, now he would have to pay out 50% of his income; add a child with woman 3, 75%; woman 4, 100%. I am not suggesting that men should just go out willy-nilley spreading their seed, but the law does take into account that lives do go on after a split-up/divorce.

Answer 3

I'm not an attorney, but I seriously doubt if the judge will reduce your child support payments because your child's father is having a baby with another woman. Why should you and your child be penalized because this jerk can't keep his zipper zipped? If he's telling you this, it's a bunch of b.s. No judge will have sympathy for him -- not where I come from. He's obligated to pay child support in whatever amount the court has set, until your child reaches the age of 19. If he can't afford it under the present circumstances, that's his problem. And if he defaults on his payments, he has to answer to the court. There are ways of extracting child support payments from fathers who are as totally irresponsible as the one you describe. You're lucky to be rid of him.

Answer 4

There's only so much the court can take away from anyone. I think the usual limit is 50% of their pay. If there's only 2 kids, I think they don't have a problem with taking 34% or a set amount that's in the neighborhood of that. I doubt the court will go for it, unless he's incapable of making enough to support himself.

Answer 5

If the courts feel that paying child support to you puts EITHER child at financial or social risk, then yes, they can consider reducing child support payment. It's not likely, but they can.

The courts try to work in the best interest of all children.

It's a tough case to prove on his side though.

Answer 6

Depends on what state you live in.... There are other reasons he can have the amount of child support lowered... like my ex. he got "laid off" so he didn't have any income, but he wife started a new business now he works for free....

Get a good attorney, if you can not afford one, seek out legal aide. We do our best to help but this is a serious issue.

Answer 7

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Answer 8

He cannot get his child support reduced because he has children with someone else. His income or your income has to increase or decrease by 30% to get a modification, unless there is substantial change in circumstances. Having another child, with or without marriage does not necessarily constitute 'substantial'.

Answer 9

NO he can't do that. The only way that could happen is if he lost his job and had to accept a lower paying job. But don't tell him that I told you that because then you will give him a line of defense. He's such a butthead. Is this his way of saying he no longer cares much for his own child? What a bastard. Good luck.

Answer 10

He can do it, he can do anything he wants to, but that doesn't necessarily mean the court will rule in his favor. Actually, I'd bet money the court won't rule in his favor and tell him to take a hike. Legally speaking, of course. Best of luck to you!