Child Support Modification


#1

My ex-husband and I divorced in February 1997. Since that time we have both remarried. I am now a stay at home mom due to having a 4 yr. old daughter with my new husband.

My question is my child support agreement was $115 a week in 1997. I have never taken my ex-husband back to court for a modification. Our son is now 16 and a Jr. in high school. I have asked my ex-husband to increase the amount of child support he is paying due to the increased costs associated with a teenager in high school. He has refused. He tells me that if I take him back to court that he will end up paying me less due to the fact that my new husband makes more money than he does. Is this correct? My common sense tells me that my new husband’s income is not considered as he has no legal obligation to support my son.

Is it worth my while to check into a modification at this time?


#2

Your ex husband’s income is not factored into the child support calculation for your child born of a previous relationship.

Unless the child support amount as determined by the guidelines has changed 15% or more since the entry of the last order, there is no substantial change in circumstances upon which to base a modification.