– from Christopher X. in Summit, WI

Question Details:

I was divorced several years ago. My wife received custody of our two children, and I was ordered to pay child support based on my income at that time. I have since remarried, have two more children, and make more money. My ex-wife says that she is going to take me to court to increase the amount of support I pay. Can she do this?

Family Law Attorney Response:

She does have the right to request an increase, yes. But, it is up to the courts whether or not to grant the increase in child support. I would need to know the original income amount that was calculated, and how much you are currently making in order to give you the most accurate and probable outcome.

Click here to read on another factor that could change your child support.

Assuming that the increase merely justifies the expansion of your family, then it would be unlikely that the increase would be granted. This can be explained through the case of Hime v. Muir 128 Wis. 2d 293, 381 N.W.2d 607 (Ct. App. 1985) where a similar situation occurred. That request was denied because the income increase was not significant enough to justify an increase in support payments. This was based on the fact that the ex-husband also began a new family. The increase requested may have resulted in decreasing the quality of life the ex-husband and his new family were accustomed to. This is only one example of how this could play out though. Your case will be decided on its own merits.

I would say to contact an experienced family law attorney right away to begin preparations for your case.

Dan Exner, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image