My ex husband remarried 3 years ago without tell me or my children. We live in the same state! I found out that he didn't tell me or the courts because he didn't want them to increase his child support payments since his new wife makes 100K per year. He is also working under the table and has been for some time. He only pays $600 per month for our two kids, one of which is in high school. This isn't nearly enough given that our youngest child has pyschiatric issues which is very costly for me since I'm a single mother. Can he get away with this? Can I get a modification in support and receive "retro" pay for the past 3 years? How can I prove he is working under the table (pictures...)?
Also, my husband was an illegal immigrant. With his marriage he also got his green card which I didn't know either.
I am sorry you are goiing through this, you need to bring your original divorce/separation agreement to a local attny, go over the facts and see if retroactive benefits are possible in your jurisdiction, take care.
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You are mistaken. A new spouse's income is not considered for child support calculations. So put that idea away.
However, if an ex spouse's living expenses are reduced by the contributions of the new spouse, it is possible to get an increase in child support on that basis. This is difficult to prove; the ex would have to submit honest financial information as part of the discovery in a Complaint for modification.
If you think you want to pursue this, consult with a family law attorney in your area.
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His remarriage is generally totally irrelevant to the assessment of the amount of child support.
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Divorce / Separation Lawyer
I just wanted to tweak Attorney Matta's comment: child support will be recalculated based on income as of the date of temporary order hearing and/or trial, and potentially retroactively back to the date the other person was given notice of the complaint for modification.
Also, there are things you can do to prove imputed income (and aim high so as to increase the order) and/or a reason to go above the Guidelines based on your child's mental health issues.
There are new Guidelines in effect as well; this may have an impact on the current Guidelines calculations.
You should consult with a lawyer to calculate the Guidelines under a couple of scenarios and let you know what all of your options are. You may also (depending on the divorce judgment) have the right to seek attorney's fees as part of the modification.
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