I think one thing a judge would consider (if it got to court) was “was your income lowered because of bad faith on your part”, or was your change in jobs (and lowered salaryy not under your control)
Either way, if she is now working, then that should show a change of circumstance enought to warrant another look at the calculations. I don’t think the new hubby’s income comes into play with your support.
Since both your incomes have changed 15% or more, you can have child support modified to reflect current circumestances. Her new husband’s income is not included unless they have a child together. If that is the case, then she can also include that child as another responsibility on her part which really would only serve to lower her portion of the child support.
Run the calculator on the home site. If you had an agreement for child support it can be renegotiated. If it was a court ordered amount, you will have to file for modifications based on changed circumstances. As tarheel1212 mentioned, if the decrease in your income was due to your own choice, then it may be that the child support would not be lowered.
It appears from the facts that child support can be recalculated. The court assumes there has been a change in circumstances every three years, it also appears that you have both had a 15% increase or decrease in income. If your income had declined but not because of bad faith, child support will likely be lowed. However your ex-wife’s Husband’s income will not be considered unless they have a child together.
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Helena M. Nevicosi
Attorney with Rosen Law Firm
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Can Child Support be recalculated?
My ex-wife and I divorced several years ago. Since then, my income has fallen by 50%. She never worked before but now does, so her income had grown. There are 6 children. We have 50/50 custody of the 6 children.
In addition, she remarried (I did not). Her new husband is employed. Combined they now earn what I now currently earn.
Can I go back and have the child support recalculated to reflect the current circumstances?
Here’s a rough example: Income prior to the divorce: Father = $250,000, Mother = $0
Current Income: Father = $125,000, Mother = $40,000, Mother’s new Husband = $85,000.