I am a father of two paying support based on court order two years ago. Out of spite that my earnings have increased, my unemployed ex wants to take me back for modification. She was working, but now has no income due to having a baby with a boyfriend. Outside of child support, I have other child obligations that I pay for on top of C/S...(ie dental, medical, etc.).If my ex chooses not to work, what are my rights as a father paying C/S and only having the kids 2-3 days per week? Is the mother responsible for providing income for our children on her side in addition to my support, or does the court favor child support as a means for her income?
Ber sure to pay attention to responses from attorneys in your state and that are familiar with the local law and process, not someone from out-of-state whose advise can be detrimental. Both parents have the right to bring a complaint for modification of child support provided that the order has been outstanding for 3 years, or there has been material change in circumstances. If there has been a material change in circumstances, such as becoming unemployed, etc. then this can been a sufficient material change. However, this does not mean that the order will increase, and at times when a parent seeks a change, they get a change in the opposite direction they were seeking.
When you are served with a complaint for modification you should consider speaking to an attorney that can review the entire situation and argue that your support level is proper.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues.
If there is a change is circumstances related to an issue such as this, the matter is subject to a complaint for modification. As to her income, you can have the Court attribute income to her. This may be hard but doable.
Karen M DuffyDivorce / Separation LawyerLongmeadow, MA ·
Child support is calculated based on a mathmatical formula using the incomes of both parents. In some cases the court will to impute income to your ex based on the income she was earning and the child support guidelines does give credit for other support amount paid and the cost of medical insurance. It would be in your best interests to have an attorney calculate those amounts to determine what your child support may look like if your ex brought you back to court. Your increased income and the new child support guidelines that went into effect last year could result in a higher child support amount.
