Legal Question in Family Law in California
My divorce was finalized in December 2001, I have payed the same amount of monthly child support since then. My ex-wife has re-married and has two additional children, and I have since remarried and have had one additional child. Would I be entitled to have my child support lowered? My income has stayed in the same ballpark since 2001, and her new husband works as well.
4 Answers from Attorneys
I suggest speaking to the family law facilitator at your nearest courthouse. It sounds like to me that your child support should be modified.
I agree with Mr. Roach that it is high time for a support review and modification. New spouse's incomes do not go into child support, except for estimating taxes, but new children significantly affect the calculation. If incomes have remained in the same general range, her having two children and you having one, will probably slightly increase your support payment, but that is only if everything else is equal.
You should speak to an attorney who is experienced in family law and has the ability to run the numbers for you to see if this will benefit you to request a modification. We offer free initial consultations to discuss your case, others do as well. For further information, visit http://www.ellifritzlaw.com
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