Dear TheResearcher:
Greetings. Wow, this is a whopper of a question! Let’s see, where to start?
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Husband will still be responsible for child support, because he will be voluntarily depressing his income when he knows that he has a child support obligation. Maybe in addition to raising your own children, Husband wants to start a daycare service? That may not be a voluntary depression in bad faith…but only a judge would know for sure.
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Is child support currently by agreement or order of the court?
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The college funding provisions of the separation agreement can only be changed by making further amendments to the separation agreement which are signed by both parties and notarized. This would be difficult, because you would need his ex-wife’s agreement.
Hope that helps.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
- Bummer. Additional children (day care) is not really an option
- Child support by agreement
- Again bummer as their is no incentive to change it. What if by being upheld, the college funding infringes on the rights of future children for financial support?
Any thought about the liklihood of future laws/provisions taking into account second families?
T
Dear TheResearcher:
Greetings. First, let’s talk about the fact that the child support is by agreement. My suggestion is to run the child support calculator and see if your spouse would pay less now in light of their current income situations. If the child support calculator says he will pay less now, you may want to file an action for child support to have it set by an order, which will reduce his payments now.
As far as the law taking into account second families - good luck. I believe that our laws are set up to help first families from being forgotten. I don’t think that anyone finds the situation fair - neither the first family nor the second (or third). Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My husband and I are considering having my husband (a divorced non-custodial father) stay home with future children. What considerations and entanglement should I expect and what options are there for working around them. The facts:
- responsible for child support. Drafted when ex wife was a stay at home. she now makes more than him about 4:1.
- responsible for medical. I can get the kids on my medical. What to do about non-insured costs.
- separation agreement has responsibility for college funding
What can be changed, what would be difficult to change? What legal advice and services would be most beneficial.
Any advice would be helpful.
R