Can ex (full custodial parent) ask for more child support that we don't have?!!?

Question

My husband has gone for four years paying about 3/4 the amount you can request for child support. Now the mother of his child (he has no custody and now that we are married) is asking for the full amount of money. Can she fully get that if it is literally impossible for my husband and I to make a living giving that much money per month? He already gives $800/mos in child support etc... and it would be much greater if she asks for more. His situation has changed with a new apartment, new job, a wife (who is going to school full time and not working) and we just simply can't afford that. Can she really get that money or can that be fought?

It is not that he minds paying the money for his child, but at the same time he does have the right to be able to live a stable life - pay his bills, put food on the table, etc... I don't work because my Masters program for this particular year will not allow it (I'm student teaching).

1. My husband did not "give" up his rights - it goes a lot deeper than that.

2. My position of saying I am a student has to do with the fact that I cannot contribute to helping pay $1300/mos for his child. I have no desire to take anything away from his child. We just cannot afford it at this time as I just miscarried and am going through a lot with medical expenses PLUS he has to pay nearly $2000 every month to his lawyer to fight for visitations... get me?

RE: miscarriage

Unfortunately it was unplanned - I happened to be that 1 % that got pregnant on birth control. So of course I am definitely not happy about a miscarriage - I will accommodate my children the best that I can, but God works in mysterious ways and it wasn't the right time to bring a child into this world. We were not trying for a child intentionally...

Answer 1

first off, im sorry to hear about your loss, and should you become pregnant again and give birth, the courts will allow a review of income, and the ex will possibly get less seeing as he has another child to care for, and if not and you stay childless they will take into account his yearly income and make any adjustments needed, however i seem to think that 800 per month is plenty, but i dont know the whole story, i am curious as to why the ex wants more money, has it been more than 2 yrs. since the support was ordered? i hate to give you the bad news but she can suggest a review every two years so if he makes more money or gets a raise than you can expect that she will get a raise also in support if she wants to be a pain in the a--, i recently gave some advice to a friend that was going to marry a guy with 2 children who happened to be behind in child support, i told her that she would end up paying the price for his non payment, due to the fact that they can arrest him on a bench warrant and he would miss work meaning loss wages, they were planning on buying a nice home, and if she didnt want him to stay in jail then she would have to bail him out more money and it would cost a couple thousand, so you should really think twice about marrying someone who has kids, and if the kids live with the ex, then be prepared to take on alot of financial responsibility that goes on with the baby mama drama, i dont mean to sound non sympathetic to your situation, but worse case scenario, you will have to find a way to supplement your income, you may have to get a part time job

Answer 2

Ok first is $800 what he was ordered to pay in child support or does the order say he is to pay more and that is what he is paying? A parent can ask for whatever they want in childsupport however that does not mean that they get it. Usually for child support the non-custodial parent will pay up to 25% of their gross pay for one child. If your husband pays child support to the state child support enforcement unit then his ex can have them do a review at which time he will be notified and sent papers to fill out and send in concerning his income and expenses. A new wife's income cannot be figured in on calculating support just as a new husbands can't. Doa search for child support calculators for your state and it will give you a site to go to that you can type in all the information and it will give you a guideline of what he should be paying in support if he is paying more than what this says then HE can contact child support enforcement and request a review as well to get it lowered. As far as the visitation goes although not fair it doesn't matter if he sees the child or not he still has to pay, but hopefully his attorney can get the visitation straightened out. Feel free to contact me if you need more info I have been down this road on both sides and know how frustrating it can be.

Answer 3

Every state has a child support forumula that is generally used. You can search for your states child support calculator and will be able to plug in the income numbers and find out how much your husband might be required to pay.

States will ask for living expenses, but they are not generally used in the child support formula. It doesn't matter how much his rent is, or that he has a wife that isn't working at this time. It is all based on either his income alone, or some states use both the custodial and the non-custodial parents income.

Answer 4

In some states it is all determined by an income system. Where it takes the tax returns of both parties and then looks at the amount both makes and then determines it. If there is an income adjustment you have to go to the FOC (Friend Of the Court) and request an adjustment mediation. They will look at the extenuating circumstances and make adjustments a needed.
Good luck on this I changed job and got a break.

Answer 5

They can ask all they want for more money. All that you have to pay is what the court orders you to pay. If she wants more then she will have to go through all the legal battles again, and come out of pocket for all those expensive court costs, which she probably won't want to pay. Hope that helps. But yes, it can be fought if it goes that far. All you have to do is present your billsto whoever the overseeing authority is, and show them how much of a bind it would put you in, and you will be fine.

Answer 6

Normally she can get about 15-20% for one child. At this rate he would have to make $4000 a month. When he made a child he gave up his rights....the child comes first. The child was there before you. Second, if he can't afford his child how could he afford to marry a student?

Answer 7

That would be stupid for her to request more child support. That would open the door for your husband to get custody of the kids based on her being greedy. She can request all she wants to but that does not mean she will get it. If he makes less money than he has in the past the child support could be reduced. Let her be stupid and the outcome in your favor.

Answer 8

Actually, all you and your husband have to do is prove that your financial situation has changed, ie, change in living status and wage. However, normally the courts like to keep the children in the "conditions" that they are accustomed to. Therefore, you may not be able to reduce your child support, but she won't be able to get anymore either. Get yourself a decent attorney. If you can't afford one, it is customary that the courts provide one for you pro bono. Good luck!

Answer 9

Your husband's ex can take him to court for more money, but that doesn't mean she'll get it. If your husband can show that his expenses outweight his income, she probably won't get more support. But I hope he doesn't take this out on the ex. She is looking for more money to help THEIR child! I also hope he visits with the child and gives the child the most precious thing he can give...his time. You need to encourage his relationship with his child.

Answer 10

800 bucks a month seems plenty for his "ex" to care for her child. But I noticed you mentioned having just lost a child of yer own ( sorry to hear that) But, I have to ask, why would you two bring another child into this world, if yer having trouble figuring out how to support his first child.....