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Divorce Source Community Forums >> Child Support

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babbagene
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Reged: 05/30/09
Posts: 2

Can I have my Child support re-evaluted ?

#772222 - 12/27/11 11:14 PM

What is the name of your state (only U.S. law)? NJ
I have had custodial custody of my two children since 2009, at that time the divorce decree waived child support from my wife because she was getting appx. $900 per month via SSI. I am on SSDI with an income of $2100 per month. I now find out that my Ex-wife will be getting married to a working man, who also has a good amount of money in the bank. He does not have a fantastic job , but it is average. My question is with this change in monetary income for my wife will this enbale me to seek a re-evaluation and possibly enable me to get child support for my 8 year old and my 19 year old (still in college)?

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BeachBabeRN
Carpal \'Tunnel

Reged: 01/16/06
Posts: 3031
Loc: VA for 21 years, NC forever!

Re: Can I have my Child support re-evaluted ?

[Re: babbagene]
#772223 - 12/27/11 11:15 PM

No. Your ex's new spouse's income isn't considered for the purpose of determining child support.

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Goodmom
Pooh-Bah

Reged: 06/17/07
Posts: 2015

Re: Can I have my Child support re-evaluted ?

[Re: babbagene]
#772227 - 12/28/11 05:43 AM

You can file to get child support. But only your ex's income will be used, not her new husband's. Given that she is disabled and only bringing in $900 a month, don't expect much.

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NewMexPop
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Reged: 12/22/11
Posts: 18

Re: Can I have my Child support re-evaluted ?

[Re: Goodmom]
#773800 - 01/11/12 09:47 AM

The courts normally use the income of each biological parent, not spouses. And a "substantial change" in income is usually 25% or more. So you may be wasting money and time trying to get it changed.

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