Can my husband get his child support reduced to less?

Asked about 2 years ago - Smithtown, NY

My husband and I have been married 7 years and have 3 children together. He pays his ex wife a considerate amount of child support since divorced, (1) child. I heard that because he's remarried and had more children he can go back to court and get his child support modified. Is this accurate?

She did not remarry but has now been living with her boyfriend for the past 2.5 years...(In case this makes a difference?)

Attorney answers (3)

  1. Penelope J Blizzard-McGrath

    Contributor Level 9


    Lawyers agree


    Answered . The basis for a downward modification is to show an unanticipated and unreasonable change in circumstances since the last court order of support. Getting married and Having more children is not seen as a basis for a downward modification of support.

  2. Lawrence Allen Weinreich

    Contributor Level 18


    Lawyers agree


    Answered . The short answer is no. He does not have grounds for a reduction in support because he now has more children.

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  3. Maria C. Tebano

    Contributor Level 15


    Lawyer agrees


    Answered . No, that is not accurate. The fact that he is married with more children will not result in a decrease of his child support obligation. He can only get a decrease by establishing a change in circumstances since the date of the support order. The facts presented will not be sufficient.

Related Topics

Child support

Child support is a payment made from one parent to another parent (usually from non-custodial to custodial), to help ensure the child's financial needs are met.

Child support order

A child support order is a court order outlining the terms of child support, such as who pays, how much, & how often. Changing it requires going back to court.

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