Modification of Child Support Due to Ex-Wife's Marriage

[MrNiceGuy99]

My question involves child support in the State of: FLORIDA

My ex-wife and I have two children together and our time-sharing agreement splits time evenly at 50% each. Despite the even split of time-sharing, I was ordered to pay $900/month in child support because my income was roughly 3x higher than my ex-wife's income at the time of the divorce (about 18 months ago.)

My ex-wife is getting married to a man with an income even higher than mine. (Incidentally, it's the same man she committed adultery with during our marriage. I know that's immaterial, but it's still heart-wrenching.)

Can I ask the court to modify (or terminate) my child support obligation based on my ex-wife's new spouse's income? I understand that the new spouse is not technically liable for the child care expenses, but his income dramatically reduces my ex-wife's overhead expenses. It doesn't seem fair that I should have to continue to pay such a large amount in child support after the playing field is leveled.

MrNiceGuy99

[aardvarc]

Florida ONLY looks at how much YOU earn, how much SHE earns, the number of children, and the amount of time the child(ren) spend with each parent. Her spouse's income is irrelevant, and in Florida, her expenses are irrelevant. The only other factors that could come into play are child care expenses under certain circumstances, and medical expenses not covered by insurance, under certain circumstances.

[Dogmatique]

Putting it another way, Mom's income hasn't increased.

Her overhead has decreased.

[LawResearcherMissy]

It doesn't seem fair that I should have to continue to pay such a large amount in child support after the playing field is leveled.

How is it "unfair" for you to support the children you helped make?

As Catherine points out, the new spouse's income is irrelevant. Even if it were relevant, what would be fair about you no longer providing financial support to your offspring? Child support is, as the name implies, about the children.

[MrNiceGuy99]

I am supporting my children, by providing food, shelter, clothing, and other necessities for the 50% of their time when they are with me. The Court ruled that I had to pay child support to their mother because our incomes were disparate and she was disadvantaged and "needed" the additional support. I have paid every cent without batting an eye.

What's not fair is that her financial situation is changing drastically. She will be living in a waterfront mansion, so she doesn't "need" the additional support anymore. While the law may say differently, the totality of each parent's financial situation should be considered. Basing child support solely on income is ridiculous, because income is only one small piece of the equation and it can be easily manipulated by many different means.

[Dogmatique]

The bottom line is that she could marry Warren Buffet, and your obligation wouldn't change.

Because it's your obligation - not Warren's.

Similarly, if you married Sandra Bullock, you'd likely not want her income to be counted when Mom goes to ask for more child support based upon your household income increasing.

[MrNiceGuy99]

This Law Firm's FAQ seems to disagree with the responses:

http://www.fldivorceonline.com/flpag...ildsupport.asp

I think our existing child support order is unfair. How can I change it?

A permanent modification may be awarded under one of the following circumstances:

* either parent receives additional income from remarriage
* changes in the child support laws
* job change of either parent
* cost of living increase
* disability of either parent, or
* needs of the child.

[LawResearcherMissy]

You can go with that if it makes you feel better.

[Michael44]

MrNiceGuy99,

All you can do is file for a modification and find out. Unfortunately, there is sometimes difficulty in getting a downward modification in your case. It isn't likely.

If it helps any, I empathize with your situation and watched a family member go through nearly the same thing. What will help is to change the laws for others - and there is activism against this sort of thing (father's rights etc.). The women commenters above (all women - and none of them lawyers) like to rub it in, and they are willfully blind to the fact that women "marry up", even while married to someone else (which commonly leads to this situation). If she bagged a rich guy, she should help in the situation.

[Dogmatique]

Then feel free to file to modify.

But you should honestly read case law and statute.



Be wary of the word "permanent", too.

Child support is always fluid - NEVER set in stone.

MrNiceGuy99,

All you can do is file for a modification and find out. Unfortunately, there is sometimes difficulty in getting a downward modification in your case. It isn't likely.

If it helps any, I empathize with your situation and watched a family member go through nearly the same thing. What will help is to change the laws for others - and there is activism against this sort of thing (father's rights etc.).

I actually agree with this.

The law does need to change, in many cases - and activism is the only way that's going to happen.