If a mother remarries does the non-custodials child support change due to the mother having more income?

Question

My boyfriend is divorced and his ex-wife just remarried. He is paying way to much in child support, so by her being remarried can his child support be reduced?

Answer 1

it stays the same The non-custodial parent would have to go back to court and try to get it changed.  

Answer 2

Child support is calculated based on the parent's income, and it has nothing to do with their significant other's income.  When my husband and I went back to court for more custody of my stepson, we were told the only way that my income could be factored into child support was if there was a great distance between parents homes and it could be factored to determine my husband's ability to help pay for plane tickets or bus tickets between the houses.

If you think he is paying way to much in child support, then file for a modification, but chances are that he is only paying what the state has calculated for him.  That may seem like a lot, but children are expensive.

Answer 3

No the new husband has nothing to do with it.

Answer 4

Usually it stays the same, even if remarried.

Answer 5

No.

Her husband's income does not count because her husband is not financially responsible for the child.

He should happily support his child but if he feels that he is paying too much, he needs to contact the courts and request a modification hearing.

Good luck.

Answer 6

As others have stated, her husband's income will not be considered.

If your boyfriend truly believes he is paying too much in child support he can petition the court for a child support review/modification.  Most states permit either parent to request a review periodically... usually every 2 or 3 years.  If either of them have had a significant change in income (not including her husband), the amount ordered will be adjusted accordingly.  It may be adjusted up, down or remain the same.  The guidelines are pretty clear and are based solely on income.  If he wants to request a review, he should call the family court or child support agency in your state and ask what he needs to do to begin the process.  No attorney is required and he can file everything himself.

Answer 7

It is your boyfriend and his ex-wife child, no matter who marries who down the road - he is still financially responsible for his child.  I personally do not believe in the fact that someone is paying too much in child support.

Answer 8

No.  The courts don't factor in how much the custodial parents spouse makes.

Answer 9

It has to be her income, not her new hubby's.  No impact on support.

Answer 10

Not unless you want to formally ask the court for a deviation of support based on factors outside of normal child support calculations, which is usually a long and expensive process and may not do anything in this case.