Okay, I've already asked this question, but I think I was misunderstood. My ex and I have a son together. I've paid $600 a month in child support for almost 10 years. The order was modified over 6 years ago. Since then, I've married and have 2 other children. My wife is a full-time student. My ex has married a military man and lives on base. She pays $0 for housing, food and utilities. I already know I could lower my support based on my income being less than it was 6 years ago also our son now spends 50% with me. Since my ex pays nothing for the basics could that be considered in calculating child support?
2007-04-19
11:35:24
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11 answers
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asked by
mike
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Family & Relationships
➔ Marriage & Divorce
It would be based on your exwife'ssalary (if she has none, it would be based on min. wage). Your ex-wife's husband would not be figured into the equation.
Be cautioned. A friend of mine's ex took her back to court to try to lower his child support and found that due to the increase in the cost of living that he actually would have to pay her more.
2007-04-19 11:40:35
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answer #1
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answered by Anonymous
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what she does or does not pay really has no basis for lowering the support. It is based on income. Really, what if she stayed somewhere for $3000 a month should it go up and you be obligated to pay a larger amount of support ?
And since your new wife does not work it is kind of the same thing on each side. a 1 income family .
BUT, you do realize that you are probably missing the fact that with 2 children living in your home you should recieve a deduction for them off of your gross income, because you are the sole support of them :)
Say for 2 kids in my state you would have 15%- 20% off the gross then child support is taken out of the remaining percentage.
2007-04-19 11:45:37
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answer #2
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answered by Rhiannon 3
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You might be able to change it some, Child support isn't based on what your wife pays for housing, food or utilities. Some states it's her %of income verses your income. Others it's a direct % of your income. Good Luck
2007-04-19 11:41:32
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answer #3
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answered by Anonymous
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if you both are sharing 50/50 custody, you may not have to pay anything. It would be wise to go back to court. They wont count that fact that she doesn't pay housing costs, that doesn't matter, they will only look at her gross income. A persons bills can come out to more than they make, and they would still have to pay child support, so since she has basically no bills it is the same concept.
2007-04-19 11:42:08
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answer #4
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answered by Purple_passion2805 2
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OK here is the deal . they will take in to consideration that you are remarried and have 2 other children to support . along with the fact your son stays with you at least 50% of the time . it should lower your support but you should also have your ex wife's husband income brought in as they are married and they do file taxes together. you can do it however it will probably have to seek legal advice .
2007-04-19 12:03:56
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answer #5
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answered by <3 4
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My boyfriend is in a similar situation as you...he gets the child 50% of the time and pays....the ex really gets away with out paying anything. Go to court and do more research. You should really not be treated so unfairly, but the thing with "baby's mama" is that they think they have some kind of right to it and ARE going to try to get what they can out from you so be strong and don't let it take away from you and your family.
2007-04-19 11:44:51
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answer #6
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answered by jaynell 2
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when child support is calculated both parties have to list every expense they incur within a month.in my state it starts as 7 % for 1 child of what the parent makes before taxes!! after that u can request another court date for hardship/ petition for reduction of child support. check with your state since your son now also is with u 50% of the time-maybe yoyr ex should give u child support that 50%!!
2007-04-19 11:45:54
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answer #7
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answered by babejones 1
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Not really, it's based on income and time spent with the child.
2007-04-19 12:34:50
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answer #8
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answered by Starla_C 7
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If you have custody, 50/50..your support will be lowered. Have a reconsideration..Your forking out to much money~
2007-04-19 11:40:45
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answer #9
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answered by Unique 2
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yes it does.i would go back to court and ask for it to be lowered.
2007-04-19 11:42:25
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answer #10
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answered by BLOODHOUND 6
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