child support?

Question

If a woman is remarried to a another man ( which earns good money) is she still entitled to child support? Why I'm asking is because my coworker is paying child support to his ex-wife in New York, and it iskilling his salary. He is remarried himself and have kids. But his ex-wife is asking him for more and more each year. He told me he cant afford paying for his house soon if she ask for more now. Please give som light into this. He is a good person and loves his kids and he rather take the custody over them and take care of them.Is there any laws that would say that he doesnt need to pay that high amount if his ex-wife is remarried?

Answer 1

The amount of child support has NOTHING to do with being remarried. The only income involved are the PARENTS incomes. He only needs to pay what the court ordered him to pay. If she is asking him for more, he needs to either see a lawyer, or use the extra money DIRECTLY on the kids, not on them through her. Such as he go to the school and pay field trip money, or take the kids shopping for the b-day party they were invited to. If he just sent child support and she is asking for more, he REALLY needs to find out why and where the extra money is going. He has no say in how the child support is getting spent, only knowing that he pays it with the intention of it being used the way it is supposed to be used. Sounds to me as if she is just wanting extra for herself. He can talk to a lawyer about trying to get full custody. There are more and more dads getting custody and moms getting visitation.

Answer 2

Child support is usually based off the income of both families. So if the ex wife is remarried, than her husbands income should come into play. He shoudl be paying less than he was when she was single. However there is not a set in stone law about this. It's really up to the discretion of the court. He can always ask for a review and report that she is now married and her household has a larger income.

Answer 3

Typically, most states do not consider the new spouse's income when figuring child support. However, there are a number of states that do consider both biological parents' income when calculating child support. A remarriage would only effect if alimony was awarded because it would end in most cases.

In regards to taking custody of the children, unfortunately, it costs money to do so. One noncustodial mother in another state was quoted the figure $25,000 and the ruling was dependent upon the judge's mood. This figure comes from a few years ago in a state less than New York's cost of living.

I have included some links on the subject including a child support calculator.

Sorry that I do not have much better news.

Answer 4

The ex wife is NEVER entitled to child support, Child support is for the CHILDREN, the costs incurred with raising children. if he is having problems making his COURT ORDERED child support payments he needs to go back to court and see if they will amend the order. Just because his ex wife remarried doesn't mean that her new husband has to support her children from a previous marriage. The fact that he can't afford his house only says that he purchased a house that he could not afford in the first place.

Answer 5

In the US you pay child support til the kids reach either a designated age or 18. Alimony is only paid til the receiver gets remarried or the desired length of time agreed upon. In the US child support is based on the parental slaraies not household incomes (meaning new spouses). In Canada child support is based on household income.

Answer 6

My suggestion to him and to you is do not go to child support without a lawyer. Technically she can ask for a cost of living raise but if there are other issues where she is not doing well she can request more from him like if she was getting her lights shut off and could not pay it but she would have to prove it and I understand most of us cannot get a lawyer. One of the things he could do is if he knew that she was living with someone technically there is another income and therefore he can prove that she is taking him for a ride. If she is a single parent alone chances the court is going to rule in her favor. Or the other thing is to get custody of them which is a whole other ordeal. Wish you both luck

Answer 7

His kids didn't remarry yet did they? Is he expecting the new man to pay for his children? He's not paying for his wife, he's paying for his children. He should have considered his finances and original children before creating even more kids he can't afford.
If you want to know about laws, ask a lawyer.

Answer 8

hello,
unfortunatly no, like in the mo every 3 years the child support enforcement gives papers to the mother for an evaluation on the income on both sides and then determins if they should raise it or not...and if he makes more than her then the state will raise it for the 3% and if that is every year then that really sucks...i haven't done it in a while because i personaly think thats right because they need to make a living also...
laws are so unfair to the men.....and also the woman that has to pay support also...

Answer 9

Child support is for the children, regardless of the marital status of the custodial parent.

He must pay to help support his children.. If he need to have the amount reduced due to his own circumstances, he can always file for a modification.

Answer 10

He is required to pay child support no matter how many times she marries. It's only the alimony that stops if she remarry.