My ex-husband has remarried, and his standard of living has increased. Can I ask for a modification of child support?
Most states do not allow the consideration of a new mateís income when calculating child support unless it decreases living expenses. In some states it is considered, but only in very rare and specialized circumstances.
58. What if my ex-husband has remarried and has quit his job in order to stay home with his new stepchildren and he can no longer pay child support?
Without a valid medical reason for his staying home, your ex-husband will continue to be under an obligation to pay child support. Judges are wary of attempts to lower child support obligations, and would scrutinize your ex-husbandís new situation quite closely. If he fails to get or attempts to get a new a job, he runs the risk of having income imputed against him.
In a state where new mate income cannot be included when calculating child support, a judge would be forced to impute income as the only recourse in getting the child support to be paid.