I live in NYC and my ex now lives in NJ....we are divorced for about 5-6 yrs in New York State and have a child, which I don't mind paying current child support....now that I am remarried and have another child and one on the way, can she take me back to court and request an increase in child support?
2006-12-12 12:51:45 · 23 answers · asked by taj6900 1 in Family & Relationships ➔ Marriage & Divorce
Yes.. The old saying was first in time first in line.. Now they switched it, to who ever gets to Domestic Relations first gets the first intial chunk of money. She will get the highest % out of all the kids first, But they will take into consideration the child you have living now. When the one on the way is born you have to refile and let them know you have another child for the support to be adjusted properly. It will not make that much of a difference though.
Also a tip: If you have lived in NYC for more then 6 months she has to file there. If she doesn't, you can file at your local Domestics office to have it moved, this way she has to take the trip your way for the hearing for this.
2006-12-12 12:57:02 · answer #1 · answered by Issym 5 · 0⤊ 1⤋
Has there been an adjustment in the past 5-6 years? If so, how long ago did it happen? If there was not an adjustment within the past two years, she has the right to go back according to state regulations and laws. According to the New York Division of Child Support Enforcement, she has the right to go for an increase every two years. I have included some links that could help you understand the process.
2006-12-12 15:28:15 · answer #2 · answered by dawncs 7 · 1⤊ 0⤋
No, absolutely not....been there, done that. Your ex CANNOT request more child support simply because you have moved on and are having other kids with your new wife. No way. The only way she can do this is if you got a pay increase or your insurance premiums went down, thus increasing your pay. But not simply because you are having another child. Not to worry.
2006-12-12 14:14:43 · answer #3 · answered by Jenn 2 · 0⤊ 0⤋
You bet your back pocket she can. Actually s/he can take you back to court anytime, s/he may not win but going to court is easy. If there has been a substantial and continuing change in circumstances so as to make the terms of the original order unreasonable, then the support amount could be changed. New kids for either party, new education, new job etc. The primary factor is relative incomes. However once the case is back in court everything can be re-considered, even custody.
Seek competent legal advice.
2006-12-12 13:19:46 · answer #4 · answered by Unknown Oscillator 3 · 1⤊ 0⤋
My husband had children before we met and has been paying support. We have 2 children together. We were told by an attorney, that if HE takes HER back to court to lower the payment, the New dependants would NOT be considered, however if SHE takes HIM back to court to increase the support, the new Dependants WOULD be considered, as dependants and lower the Child support amount.
2006-12-15 11:19:20 · answer #5 · answered by Akida 4 · 0⤊ 0⤋
No, not for that reason. In fact, that can be a modification downward.
The only reason she can seek an increase is a modification of income (hers going down or yours going up) in a certain percentage (In CO, it's 10 percent or more; your jurisdiction may vary). Even if that is the case, you can always use the other kids, which will lower your obligations _slightly_. You don't get out of your obligations because of more kids, so don't get the idea you can baby factory your way out of child support ;-)
2006-12-13 10:17:43 · answer #6 · answered by John F 3 · 0⤊ 0⤋
well the answer is yes ,she can take you back to court ,but as far as i know she wont get what she wants cause ,if you havent changed jobs of got an increase in your check that's noticeable they will just Deny her .plus since you have another child on the way the courts just look your way and decrease your support payments .i would look into the lawyer you had and make sure you give him heads up ,before she goes back to court he might be able to give you some advice .
good luck on your quest.
2006-12-12 13:01:18 · answer #7 · answered by shane p 1 · 0⤊ 1⤋
She is entitled to a review once a year. She will have to pay the fees to get it, but if your income has changed enough she can get more money. Your increasing family does not have anything to do with the support of the other child.
2006-12-12 12:57:20 · answer #8 · answered by physandchemteach 7 · 0⤊ 1⤋
She can take you back to court until the child is 18. Each time your income changes, so does the amount you have to pay. Since she seems to be pretty in tune to your life. Stop drunk dialing her, and she won't know when you get a new job. Phone sex for $3.99/min is a deal compared to calling the ex.
2006-12-12 12:55:17 · answer #9 · answered by Anonymous · 0⤊ 1⤋
She can. She likely won't get it though.
Child support is determined by the judge based on 1) your means and 2) your child's needs.
Your child's needs haven't changed, have they? And your means have effectively gone down. So why would your support change?
What sucks for you is that you will have to get a lawyer and go to court and deal with this.
2006-12-12 12:56:06 · answer #10 · answered by Lisa A 7 · 2⤊ 1⤋