Ok here it goes. My husband has two children from a previous marriage. We pay child support for them. We just had a baby and I was wondering if we could get the child support lowered in order to take care of our child. The divorce was filed in Nevada. Does anyone have any info on this or where I could go to find out?
2007-10-23 03:48:50 · 19 answers · asked by Ali 2 in Family & Relationships ➔ Marriage & Divorce
The courts will not take your child or your expenses or your income into consideration when they figure the amount for child support. They only consider the husbands and the mother of the children's income.
Child support can be lowered if there has been a substantial drop in the income of the paying party. Your husband can contact the worker assigned to his case in Nevada and request that he re-evaluate the situation. He will be required to provide proof of income for the last few years with tax records and w-2 forms and payroll checks.
The worker will request the same information from the childrens mother. Then they will re-figure the child support based on that. But beware, it can go against you and they can raise it based on the new figures.
You should also be aware that when one of the children turns 18 it does not automatically stop for that child. You will have to request the worker to re-figure based on the number of children. Again, it could go against you if he has had raises since the original figures were done. And if it does drop, it does not drop very much for one child.
When my husbands oldest daughter turned 18 we filed our request to have it re-figured on only one child. It went down all of 270.00 per month. Sound like a lot? We were paying 1800.00 per month for both children.
Good Luck
2007-10-23 04:03:25 · answer #1 · answered by mn lady 6 · 0⤊ 0⤋
Sorry but it was YOUR choice not to wear a condom. You cannot sacrifice the comfort and happiness of your child just because you decided to get married. Your wife just needs to lower her standards and keep looking for a job. You cannot afford to support both of them, and your child is more important. Now that your wife is expecting a baby - again your choice by not wearing a condom, you will need to support this child. You have two children to support. Your wife is an adult and should support herself. She didn't marry a rich man, and I'm guessing she already knew about your other child. It was HER decision to marry you. She needs to live with the consequences of her actions, and so do you. Your children are more important than anything else. Treat them both the same way. It might be a good idea to get rid of your car because you can't afford it. :-)
2016-04-09 23:44:32 · answer #2 · answered by Anonymous · 0⤊ 0⤋
since your situation has changed, yes, the order can be modified... get the state you live in, as well as the state she lives in, both involved! if she moved to a different state than where it was filed (the divorce) get all 3 states involved! they will have to lower what he pays to her because 1... he is re married, and 2... you have a child! good luck! this is a fact that they will lower what she is getting... =) I know! my husband pays to another lady for his daughter...that was way before I came into the picture, and we have a son together...they took into account that I don't work and he's married and we have a child too... keep at it, don't give up... get the modification... they have to take into account that you do not work and stay at home w/ the baby... it's the law... that they count that he takes care of you, too... some states can be unfair, though... you may need to seek a lawyer, but, we were pretty lucky... =) I disagree w/ a lady up there, it depends on the state... most states have you fill out an expense sheet... so fight for what you need! he is to take care of all children, not just "the exes" equally in money... courts in some states need to change a few laws...hmmm...
2007-10-23 04:40:10 · answer #3 · answered by elvlayarvvi fEisty wife and mom 6 · 0⤊ 0⤋
the only way to get child support lowered, is to have a substantial change of income for the father and/or mother. Then it can be recalculated. The Court does not care how many more children the father has. He has a court ordered obligation to the first children. I know it hurts financially. Been there.
2007-10-23 03:52:28 · answer #4 · answered by DeeDee 6 · 2⤊ 2⤋
Most states allow support review after the current order reaches three years old. Varies for special circumstances.
You'll need to be prepared with current income and expense declaration and the baby's birth certificate.
2007-10-23 03:55:17 · answer #5 · answered by omnisource 6 · 1⤊ 0⤋
Child support is determined by a judge. Your husband can petition the court, but he should get a lawyer. Chances are very slim that the child support will be reduced.
2007-10-23 03:58:49 · answer #6 · answered by Anonymous · 1⤊ 1⤋
Only if both parents of the supported child or children agree to a lesser amount.
2007-10-23 03:54:15 · answer #7 · answered by Anonymous · 1⤊ 0⤋
well in indiana, child support is based on percentage of income and subsequent/previous children is factored in. the best thing for you to do would be to check your state's website for laws/statutes, and some state websites have entire sections related just to child support.
2007-10-23 03:53:14 · answer #8 · answered by Heather Honey 4 · 1⤊ 1⤋
If his financial situation has changed because of another child, perhaps he can have the support changed? He would have to petition the court to find out.
2007-10-23 03:52:01 · answer #9 · answered by letterstoheather 7 · 2⤊ 1⤋
Gotta go through the courts.... but they won't lower it just because he had another child. That was your choice, knowing that you had two children to support already.
2007-10-23 03:53:13 · answer #10 · answered by Bentley 7 · 2⤊ 1⤋