Can my ex-husband use his step-children as a way to lower his child support?

Question

I am divorced with 2 children. My ex-husband called the other day to tell me that the woman he is married to got custody of her 2 children from her previous marriage. My ex-husband proceeds to tell me that he wants the child support he pays our children lowered due to the fact he is now raising her children with her. Can my ex-husband get our children's child support lowered because he now has step-children to take care of? We both live in Texas if this helps get an answer and our divorce was in Texas as well.....

Answer 1

It would really depend on what state you live in? I know that in California there are different laws. But his present obligations should NOT determine how much child support he has to pay. I just finished reading all of the question. I would tell you NO, he cannot lower the child support payment to you. He asked you if it could be lowered. In court when child support is determined the courts have a calculated amount, this depends on how much he makes, how much you make and how many children. This has been predetermined by the courts. The only way it could possibly be lowered if he were to change jobs to a lower pay. You might want to check the laws in Texas, because I know that in California, if a man marries again the earnings of the new wife can be used to increase your child support. My suggestion would be to call attorney's on the phone and just ask the para-legal there, some will tell you bits and pieces of the law over the phone without a consultation, you will just have to find the right one that will. You can also call the governments, legal office that might help or they might give you a number that does give advice. Good luck.... just don't agree to anything with him... let him first take it to court.... if he even will.

Answer 2

No - it won't help to lower the amount he pays but you probably won't be able to get an increase any time soon. It would be the same if he had biological children from his new marriage.

I'm actually surprised the number of people saying if he adopts then then it could happen. I don't know the rules in every single state - but any "new" children he has - bio or otherwise - is not a basis for lowering his support. He can try, but he'd probably fail to lower it. If you brought him to court to ask for an increase however, he could use his "new" children as reasons why he cannot afford the increase. The only reasons it should ever go down would be if he lost his job (not through his own actions or choice) or if one of the kids became old enough to not need support, or if he ever got custody - things like that.

Random info, not really a source but: http://www.steptogether.com - just a site about being a step parent or dealing with them - has a great message board to chat on

Answer 3

Child support is financial support for the child paid from the NCP to the CP. If a NCP falls behind or does not pay they are still responsible. And may find themselves paying their arrears to the CP many YEARS after the child becomes emancipated. The money IS in support of the child and if paid appropriately while the child is a minor then yes it goes directly to the child as they grow up (LIKE IT SHOULD)... In the case of arrears being repaid after many years... This IS considered repayment for the support that the CP provided WITHOUT assistance during the child's upbringing. Its sad because the child missed out on so many things while the CP was trying to make ends meat. Two things can happen here. She now has the child so some support would be due her... BUT she still owes $14k. The courts may call it a wash, or begin reducing her arrears by the amount owed to her until the child is emancipated. At which point any remaining arrears should be paid to the father. The father can then chose to use this money to pay any debts he incurred due to lack of funding while raising the child, or place the money in some sort of investment for the child such as school, savings, life insurance, etc. I recieve child support and spend more than double the support amount on my daughter, AND I also contribute to a 529 College Savings Plan and life support on myself that entitles her to be the FULL beneficiary should something (g-d forbid) happen to me. Child support is a controversial topic on both sides but the laws are written in black and white. So read up, call the agency and ask, etc. Knowledge is your best weapon and tool in life. I hope your husband's ex wife does right by this poor child... He has suffered long enough now...

Answer 4

No. The State of Texas Family Codes can be found online, the section on child support specifically states that the amount of payment will be determined with out regard to the marital status of either parent. Since your ex is legally married to his new wife, but not legally tied to her children this section of the laws should apply to you.

§ 154.010. NO DISCRIMINATION BASED ON MARITAL STATUS OF PARENTS OR SEX.
The amount of support ordered for the benefit of a child shall be determined without regard to:
(1) the sex of the obligor, obligee, or child; or
(2) the marital status of the parents of the child.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

If your husband will really try to change the amount of the child support he'll have to get a judge to approve that. If he takes it to court you'll need a lawyer not a chat forum though. =(

Answer 5

No, only biological children. IF he and his current wife have children together, then the courts will adjust his payments, but as far as step-children, they more than likely have a father making child support payments. His is a jerk!!!! Tell him that you will not lower his payments!!!!! In all honesty, I would go to the CS agency and ask if they can recalculate your payments, I bet he is paying you less than what he is suppose to. I just can't get over the fact he even thought to ask you such a moronic question. Honey, you did not hatch those children, he had a role in it too and you should definitely not allow him to not take responsibility for his own children.

Answer 6

NO....He had children with you before they came along. They are step and legally not his responsiblty in the eyes of the courts. Its just like if he went out and got someone else pregnant and claimed I need to lower child support because I'm having a new baby..well too bad he should of kept his pants on because your children will come first no matter what!

Answer 7

Unless he adopts them, than no. After all, the stepchildren are the responsibilty of the natural father, not him. And you cannot adjust the child support yourself, he must go through the courts to do that. Tell him to take it up with a judge, but I am pretty sure he will be disappointed with the result.

Answer 8

Well to be honest the other children are her responsibility not his.
As a non custodial mom who pays suppport I know that since my hubby now pays support it has nothing to do with my own children. So he is wrong it has no play here.

He is looking for an out to pay you.

Answer 9

Absolutely not!! His first obligation is to his own children. There is no way a judge would allow him to reduce his child support amount, so he can raise some other kids. Their father should be paying for them. He is probably trying to get you to agree to it, to avoid going to court. Nice guy.

Answer 10

I am sure he can try, however, her children are not his responsibility. He may have chosen for them to be his responsibility, however his first priority is to his biological children. And I really cannot see a judge lowering his child support payments to his children so he can better care for someone else children. He must be a piece of work. Good luck and God bless****