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**jlalex** · 08-07-2007, 10:08 AM

In regards to child support..her income or lack of income doesn't factor into it. Child support is based on your income only..it wouldn't matter if she was a billionare..you would still have to pay child support. I believe the only times it might be modified are if you have shared custody and have the kids over 40% of the time..or if both parties agree to a different amount.

Now if its spousal support thats a different matter...if you are paying spousal support you could always go back to court and ask them to modify it or eliminate it all together....mind you it would depend of any seperation agreements you might have and/or how long your ex and this new person have been together...a lot of variables can come into play.

**littleman** · 08-10-2007, 08:51 AM

unfortunately it doesnt matter what her new spouse makes or has......no effect one way or the other on your CS.......I echo what jlalex has stated.....she/he could have millions of dollars and has no effect good or bad on your CS.......it comes down to it being YOUR CS........and solely based on your income......you could try for undue hardship but I will tell you from experience judges DO NOT go for it.........in my case my ex tried it and the judge didnt want to hear the "sob story" as he put it........a judge will deem this is your child also and therefore no matter if your ex has won the lottery or not you are responsible for their financial needs as they are brought up......

**FL_Needs_To_Change** · 08-10-2007, 01:04 PM

.Both previous replies are correct, her income or family income does not factor in. Unfortunately. My husband's ex makes 3x's what we make “combined” and we have very good jobs. She most likely uses the money to buy another pair of $200 shoes, maybe another $150 designer jeans for the child, who knows, her getting the CS each month is pocket change for her, but the courts only see it as non-custodial parents share of the child’s cost of up bringing. Sure wish they would change that and use a formula that takes into consideration the income of the custodial parent the same way extra expenses are handled. Each parent being responsible for a proportionate share of the cost of raising the child, after all that is the way it would work if the couple were still together. There's no way if the couple were together and mom made 3x's dad that she would expect dad to physically pay half of everything for the children. Could you imagine, mom asks dad to forfeit $50 out of his pocket to pay mom back half the cost of a new outfit after she went back to school shopping for the child?

**Mikesgal** · 08-12-2007, 02:50 PM

here's something else to consider..what happens if the child needs very expensive othodontic work and the mother suddenly loses her job, does this mean that the father has to foot the full amount of the braces even though the ex wife is living with another man? How does this work???

**FL_Needs_To_Change** · 08-13-2007, 12:14 PM

Mikesgal

Unfortunate as it sounds, the biological parent would be responsible for his proportional share. If the custodial parent lost her job, then a change in circumstances has happened an the non-custodial parent can ask for a motion to verify the custodial parent’s new income, there may be Unemployment or some other form of income to use to calculate the non-custodial parent’s proportionate share of the cost of orthodontics.

Even if the new husband was a millionaire. If he refused to pay for the child living with him, and the mother asks dad to pay, that’s the way the ball bounces, fair or not, common sense or not.

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Paying CS while ex-spouse decides to not go back to work

Paying CS while ex-spouse decides to not go back to work

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