New York  |  Family Law

Legal Question

Asked on: 9/11/13, 7:08 pm

Does my ex-wife's situation merit a support increase and if so, how much?

In 2007 full joint custody was granted between my ex-wife and myself; neither being granted primary custody of our two children. The mother has custody from Monday morning through Friday morning, while I, the father, have the children from Friday at 5pm, through Monday, 8am; each and every week. Because of the substantial amount time I spend with my children, a dollar amount, not percentage, was agreed upon. At the time that the child support agreement was reached, the amount of support was $620 per month being given to the mother, plus $80 per month being given to be paid toward medical coverage, coverage the mother agreed to maintain; total amount of $700 per month. The mother alleged to earn $15,000 per year at the time, while I had a salary of $60,000.

The mother of our children has filed for an adjustment to the amount of support being given; as of August 2013. She claims cost of living as the reason; however, she works 30 hours per week. Her hourly wage is not yet known, but if she earns only $12 per hour, she will earn $18,270. Since 2006 I have been given only 1 salary increase, from $60k to $62K, which is my current salary. In order to earn that money, I must work 50-55 hours per week and feel the mother should work additional hours as well.

In addition, at the time of the support agreement, my current wife and I had one child. We now have three children together. Aside from my 5 children, my wife's mother resides with us and is a dependent as she is unable to work.

The mother has had a number of jobs since the 2007 agreement and was out of work for an unspecified period, collecting unemployment benefits. There is a high likelihood, that she has not maintained medical coverage for our children as she agreed to, even though the $80 per month has been given. The full $700 has been given each and every month without fail.

Does my ex-wife's situation merit a support increase and if so, how much?

If I am forced to give an increase there is a strong possibility that my current wife will divorce me as she feels she shouldn't be responsible for paying my ex-wife. She would likely then seek primary custody as well as child support. Would this also effect support to my former wife

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