Can my ex-husband go to court and try to lower the amount of child support that he pays?

Question

This is what he said he was going to do. I am just hoping that I will also have to be there?

I know that it is in my best interest to be there, that is why I am worried that he would be allowed to go and do this behind my back, and I would get no say in what happens. He don't get her more often, but he does have a new child with someone else.

Thank so many of you for actually reading my question. But it is very annoying when some people get on here and start preaching things they know nothing about.
All I was asking was---Can he go to court without my knowledge to get this done? Such as if he wants to do this without my presence in order to lie and get want he wants.
I have already been through a divorce I understand what child support is based on. I also know that unless his income has changed it has to have changed 15% before they will even hear the case.
Believe me "JOANNAB3" I am not one of the lucky ones that recieve too much.
He is a very well paid person who has always blown all his money. Now he has a new child with a girl he was just fooling around with and he has let her move in with him in order to not pay her child support.
So JoannaB3 don't assume so much.

Answer 1

He can try, but he has to notify you (you don't have to show up, but you are allowed to and required to be notified) and the amount is based on income, so unless he has lost a job or reduced his wages, it isn't going to happen.

Answer 2

He can try..but you need to request W-2's to prove income. Be aware the judge may ask for yours too. If you are making more money than you did the first time the child support was declared you may need to renegotiate.
If he is earning less money then he has a chance of reducing the support or if he requests seeing the kid more. Like the others say, sometimes if will back fire and judge will order more.
If you have knowledge that he is in fact earning more, like does jobs on the side that pay cash, bring that up and see if the judge will ask for proof.

Answer 3

Yes of course he can ask that his case be re-evaluated but that doesn't necessarily mean that he will have to pay less child support. However you must realize that the amount of child support he must pay will be based on his income as well as the number of dependents in his home. You can attend the hearing or not, it doesn't make any difference because the court has to abide by certain child support guidelines, the judge can not just pick an amount out of thin air and he can not choose an amount based on your preferance's.

Answer 4

Of course he can do this. By law, you will be notified of this and will have to appear.

Let's face it....if there is just cause that he is paying you too m,uch money (which happens way too much) the court will deviate down.

If you are in the state of Ohio, they will end up reducing his gross income by about 3000.00. This in turn will reduce his child support obligation. Also, if he has lost his job he can get it reduced. There are all sorts of deviations avalable to him. There is also disparity of income in which he can prove that you have more financial resources available to you than he does. Lots of men don't do the research, and lots of lawyers are lazy.

Unfortunately, even if you shared time 50/50 he would be made to pay you CS $$. That doesn't seem fair at all if you ask me.

Answer 5

he can file for a modification and you will be notified. it is all based on income though and amount of custody, so if no changes there, little will happen. the second child will not reduce his obligation to your child, but in some cases may prevent you from getting an increase. if he is married to the baby mama, then that wont come into play and you may even get more

Answer 6

Support is based on income. He may file a debt to income ratio; the court has to allow for him to have enough money in which to live. Usually the court combines the incomes of both parents and delegates which parent maintains insurance, etc. They can also decide on out-of-pocket medical expenses, educational and extra curricular expenses.

Answer 7

You have a right to be there make sure you know the court date & time..If he has another child with the other woman the judge my consider that..But he needds to support ALL his kids..also if his income is less than it was at the orginal agreement then it will probably be lowered..Good Luck..Stay Calm b/c u can alway appeal any decision!

Answer 8

He can but getting it lowered depends on if he can show good cause that he needs the decrease, like a pay decrease at work or higher living expenses. It is rare that he will get it but it depends on alot of different factors. As for you being there, i would definitely be there to at least see what his reasons are, and to make any comments on what he says, especially if you know what he says is untrue.

Answer 9

no he cant depending on state. on other hand this can be sad reasoning in law because my kids go to school and spend about 85% of time liveing here and I cant say NO because I am Dad. But Mom has physical custody so she has no worries than in MN I cant fight it ( and yes for the sinacle people she makes $ 43400 a year more than me). So its kind of an ugly two way street depnds on your laws and your needs in you state

Answer 10

It depends. If he works for the state, chances are good he can get it reduced, also, if he has other children to pay for, the court will take those payments into consideration for reduction. If he files a petition with the court, you will also be directed to attend.