My ex has taken me back to court on a child support modification. It has been continued because he is now laid off. I have to get health insurance for me and the kids. Now he is getting married. Will his new wife's income be included with his in determining a new child support order? He doesn't see them when he is supposed to and doesn't pay anything he is ordered to pay. Thank you.
Divorce / Separation Lawyer
The new wife's income will not be included in the child support order. However, your additional expenses should be considered, and his obligation to pay child support and back child support will not be terminated merely because he was laid off. You can seek an order of contempt for his failure to pay the back child support, which will likely result in a judgment against him. Although the court may modify the current support order, he is obligated to seek and obtain gainful employment at which time you can seek to modify the support to return to the previous amount of support.
Divorce / Separation Lawyer
While your ex-husband's fiance's income will not be specifically included in the determination of a new child support order, there are other factors which may be considered. For example, if your ex and his fiance are living together, you should examine his financial statement and see what his expenses are. To the extent that his fiance's income is used to support him and pay for his expenses, this may be taken into consideration in determining child support. There are also other factors which may be taken into consideration, such as attribution of income (if applicable) and others.
If you're ex is not paying court-ordered child support, especially if he has a history of non-payment, you should definitely consider filing a Complaint for Contempt against him to enforce the Court's order.
The response given is not intended to create, nor does it create an attorney-client relationship or an ongoing duty to respond to questions. This is not intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. For a specific answer to your question, you should speak with an attorney who practices in this specific area of law.
It appears a complaint for modification. has been filed. In that case, the court can make any new order retroactive to the date of service of the complaint. If there is a modification pending the court could allow him to pay some reduced amount on a temporary basis. The questyion does not say whether the court ordered anything on a temproary basis. If that is not being paid, then you a comtempt action for non-support would definitely be appropriate, but the court will not force anyone to see their children.