Legal Question in Family Law in Massachusetts

child support for remarried ex wife

My ex-wife has remarried. Her household receives three income: one from herself, one from her new husband, and a third income from my monthly child support. Am I able to ask for a reduction in child support?


Asked on 8/25/08, 11:36 am

4 Answers from Attorneys

Jane McGowan McGowan Legal

Re: child support for remarried ex wife

there has to be a substantial change in circumstances in order to modify the original court order. Your ex-wife remarrying is not a substantial change in circumstances as the new spouse's income is not considered in an order for child support.

Read more
Answered on 8/25/08, 11:49 am

Re: child support for remarried ex wife

You need a substantial change in circumstances to change child support. If your wife's expenses have been substantially reduced as a result of the marriage, then that might constitute a change in circumstances or if her income has increased greatly or yours has gone down.

However, mere marriage is not a change in circumstances.

Read more
Answered on 8/25/08, 11:54 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: child support for remarried ex wife

You can ask. You probably won't get, as both prior answers state.

Your ex-wife's new husband has no legal obligation to support --YOUR-- child. A reduction in --YOUR-- child support makes him de facto taking care of YOUR obligations. Should he also pay your credit card debt? Your car payment? Where does the logic end?

It ends before it begins. As two other learned counsel said in much shorter form.

If this seems like a sarcastic answer...well, maybe it is. This question is asked over and over, on the phone, on the website, etc., and I don't really get why it is asked. You sired at least one child with this woman, and you get to assist in the cost of keeping the child or children alive, healthy, clothed, and sheltered. No reasonable human society refuses to accept less of the father of a child.

Unless your wife married Donald Trump, yet kept her job, the court is likely to calculate your child support according the the Guidelines, with a full set-off for her income. If her new husband --IS-- Donald trump, you -might- get a better deal because your ex is set for life...and then again, you might -not-. You may just bump into a judge who is just as astounded at this kind of thinking as -I- am.

If you get remarried, or even live with another woman, you will "benefit" from any cash flow of your new wife's. Keep this answer in mind when the father of HER kids thinks THEIR support should be reduced and, thus, HIS kids should be supported by YOU.

Read more
Answered on 8/25/08, 1:40 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: child support for remarried ex wife

You can ask, but you would have o show a material change of circumstances. This could include that the costs of raising the child have decreased. Remember the child support is formula driven.

Read more
Answered on 8/25/08, 3:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts