Ex husband remarried for years but didn't tell me so he didn't have to pay more in child support

Asked 11 months ago - Watertown, MA

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...)?

Additional information

Also, my husband was an illegal immigrant. With his marriage he also got his green card which I didn't know either.

Attorney answers (4)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    4

    Lawyers agree

    4

    Answered . 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.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Estela Matta

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . 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.

    This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this... more
  3. Henry Lebensbaum

    Contributor Level 20

    2

    Lawyers agree

    Answered . His remarriage is generally totally irrelevant to the assessment of the amount of child support.

    Sent from Molto for iPad

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  4. Stephen Daniel Karpf

    Contributor Level 13

    2

    Lawyers agree

    Answered . 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.

    This message does not contain confidential information, is intended for the discussion of abstract legal issues,... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,452 answers this week

2,720 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,452 answers this week

2,720 attorneys answering