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).

Answer 1

No, the amount of support is based on the capacity of the person giving support AND the needs of the person supported. In other words, there should always be a balance between these two factors and each is considered a limitation or qualification of the other. If the demand for support exceeds your husband's reasonable capacity to provide the same, he cannot be compelled to provide support in an amount greater than that he is capable of giving.

Answer 2

Children are entitled to be supported by their parents in the same way they would have been had their parents not separated. Therefore it follows that as parents' incomes change, the support of their children should also change. Child support ordered by the court can be changed by the court if one parent can show there has been a real, substantial and unanticipated change of circumstances since the last child support order was issued. A change is considered real and substantial if it would make the child support amount payable under the child support guidelines at least 10% higher or lower than the amount of the current child support order. A typical change of circumstances occurs when one parent's income changes substantially. Involuntary loss of employment, where wages are replaced by unemployment compensation, worker's compensation, or disability benefits, is good reason to seek reduction in child support. Judges believe that expenses are "discretionary," that is, you can opt to undertake them or not. For example, you may not have to buy a new car, you just may want to. Unless these expenses are for necessities and you are prepared to demonstrate such to the judge’s satisfaction, you cannot get a downward modification in child support just because of increased expenses.

When a parent who is obligated to pay support gets laid off, etc. and both parents agree informally to reduce the child support then later the parents have a falling out and the parent who is entitled to support decides that the child support order should be enforced, If this issue is brought to the court, the judge or magistrate has to enforce the child support order as written, i.e. the higher amount, regardless of the informal agreement, and order repayment of all back support based upon the written order and not the informal agreement.

The court cannot change the support order unless and until you ask for a change in writing. If the modification is granted, the court has discretion to change the support back to the date you first filed the Petition to Modify. The court cannot make the modification effective before the filing date of the Petition. Therefore, if you believe you are entitled to a modification, it is important to file as soon as possible. Until the order is modified, the original Child Support Order remains in effect even if a change in circumstances has occurred.

Answer 3

ok depending on the state that SHE resides in or where the child support order was first issued [usually the state that she lives in] sooooooooo start with the state.......now the rules vary from state to state BUT after paying a fairly hefty amount for the past four years EITHER side can ask for a review, some states do this automatically, others you MUST insist upon them doing it.

At this point you fill out your dissomaster stating incomings out goings etc etc SHE has to do the same.....the child support order is then based off this information BUT please fill it in honestly as some judges go over it with a fine tooth comb................to be honest the fact that he has a new wife / family does NOT negate his obligation to his previous child and I know you are not asking for them to go without BUT as the mother of two kids that I barely gt child support for even when court ordered the amount she is getting seems to be very very high and no wonder she has made do with only a 3/4 payment in the past........cos she also knows that IF it goes back to court she will loose out..............well worth a thought or two on your part......she has kept quiet NOT to do you any great favours but maybe cos she KNOWS she will get stuffed in court.

Answer 4

The court does not care about his new marriage etc etc. They only care about the kids and if the amount is fair. I think you should seriously get a good lawyer, pay the money for him or her, and keep excellent records of everything. As a non-parent, you need to be on the sidelines supporting your husband but don't get involved in the court thing--and your money is separate from his in this sense.

Answer 5

i do know that from where i am of course it is based on income,amount of money each parent makes,childcare paid out,and insurance for the child.
i make $20/h.i pay $117 a week for 1 child.
also if i get behind on child support the system can take up to 60% of my income if i am single and 50% of my income if i have a new family
of course my payment was set when i was making $17/h.if she wants to she can get a lawyer to file a motion for more

Answer 6

ok first is $800 what he replaced into ordered to pay in baby help or does the order say he's to pay greater and that's what he's paying? A discern can ask for in spite of they choose in childsupport in spite of the undeniable fact that that doesn't recommend that they get it. frequently for baby help the non-custodial discern will pay as much as twenty-5% of their gross pay for one baby. in the experience that your husband will pay baby help to the state baby help enforcement unit then his ex could have them do a overview at which era he would be notified and despatched papers to fill out and deliver in bearing directly to his earnings and expenditures. a sparkling spouse's earnings can not be figured in on calculating help basically as a sparkling husbands can not. Doa seek for baby help calculators to your state and it provides you with a internet site to flow to which you will form in each and every of the archives and it provides you with a guidance of what he could be paying in help if he's paying better than what this says then HE can touch baby help enforcement and request a overview besides to get it diminished. as far because of the fact the visitation is going in spite of if no longer honest it is not significant if he sees the baby or no longer he nonetheless has to pay, yet with any luck his lawyer can get the visitation straightened out. be at liberty to touch me in case you desire greater info I particularly have been down this street on the two aspects and comprehend how problematic it is.

Answer 7

They do not worry about his ability to pay his bills, Really they don't. And they don't care what job the custodian parent has or hou much money she makes,

what most courts look at is how much he makes, they base how much he can or has to pay to a max depending on his income. so if his income has increased since the last ruling of the judge, most likley she can get more.

So in general it will depend on how much is is earning, and they normally base how much he has to pay on that.

You can fight it, alot will depend on his income , and how good your attorneys are

Answer 8

You need a really good lawyer. My mother took so much from my father that he had only about $5.00 left from his pay and had to move in with some of his family.

Answer 9

She can ask for any amount she wants. But the judge is the one who decides, based on your husband's income and expenses, as well as hers.