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 – from Robert I. in Whitefish Bay, WI

Question Details:

I am a divorced man that is currently paying child support for my 3 children. I am now remarried, and am expecting a new baby. I am in the construction business here in Wisconsin, but I don't make a lot of money. We get by, but that's about it. My ex wife, on the other hand, has just moved in with her boyfriend and he is very well off. She had a job as a nurse, but now she doesn't have to work. She also doesn't have to pay rent or bills. I pay about $400 a month in support, and that is really taking a portion of my monthly income. Now I am about to have a new baby, which s going to be pretty expensive. Can I get my current support lowered?

Family Law Attorney Response:

You may have a case.

It is not based directly on the fact that you are having a new baby, because when child support is calculated, your older children are considered primary and your later born children are considered secondary. Also, your ex wife's boyfriend's income is also not a direct factor, and in many ways, is irrelevant.

Click here to learn about child support in regards to filing bankruptcy.

Your case may rest on the ability to properly demonstrate that your ex wife and children's expenses have significantly decreased, and that your expenses will soon significantly increase. This may be grounds for a modification to the current support order.

This would definitely take some work, but is worth looking into. I suggest that you consult a family law attorney to further discuss your options, and to find out what you would have to demonstrate in detail.

Lawyer Jeff Hughes from Sterling Law Offices, S.C. Jeff Hughes, J.D.
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