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Can my husband get his child support reduced to less?

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?)

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Attorney answers 3


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.

Penelope J Blizzard-McGrath

Penelope J Blizzard-McGrath


Just to clarify further, the answer above is based upon the assumption that the current child support is per a written agreement of the parties (from his divorce). If it is based upon an award by the court, a substantial change of circumstances must be shown.


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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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.