Legal Question in Family Law in Oklahoma
Child Support Modification
My husband's ex-wife has petitioned the court to increase her child support. We have received a form from the court that asks my husband's income and assets, but make no adjustment for living expenses, bills, etc. In addition, his ex-wife does not work (she lives on welfare) because she doesn't want to. My husband has worked very hard to better himself and it seems like we will be penalized because he has found a very good job. Let me make it clear that we have always supported his son and do not resent doing so. However, we also know that he rarely has decent clothes or a home with furniture. Much of the time, the child does not live with her yet she keeps the support money. The child support money is spent on herself and her boyfriend/first cousin.
We can barely afford to pay child support now yet we do it every month. It seems unfair that we will have to pay more to support her since she chooses not to work. Is there any recourse on our part? We have three more years to pay before the child turns 18. Any information will be greatly appreciated.
2 Answers from Attorneys
Re: Child Support Modification
First and foremost you should include in your response a list of liabiltites and debts, not just income and assets. This will give the court the full picture of your financial situation.
Keep in mind that the mother can petitition the court for a modification of child support only if she can show a material change in circumstances. Examples of circumstances that may constitute a material change include: changes in employment, children growing older; substantial change in income, etc.
And finally, you can always petition the court for a change in custody so that you will have the child for the next three years and know exactly where the money is going.
Re: Child Support Modification
Child support in Maryland is calculated based on income, and sometimes potentially income-producing assets, and not on liabilities or living expenses (The law presumes that everyone has roughly similar expenses in families with similar numbers of people and similar incomes). An exception to this is that "ordinary and necessary expenses" related to the earning of income (union dues, special equipment which the worker has to pay for, overhead costs for a self-employed person are examples)can be deducted from a parent's income for the purpose of calculating support obligations. A change in child support must be based on a "material change in circumstances," which might be an increase or decrease in income, another child to support, or a change in work-related child care requirements. Since Maryland has an equal rights amendment to the state's constitution, both fathers and mothers are expected to contribute to the support of their children, and unless the mother is disabled or has another child under two years old, she should be expected to work and contribute financially. You should retain a lawyer to represent you in this matter to be sure that the support laws are properly applied in your particular case and that the mother is, if she is able, required to work and contribute to her child's support.