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rvlaw, Attorney-Therapist Mediator
Category: Family Law
Satisfied Customers: 8386
Experience:  Attorney-Therapist Mediator for CA Divorce Mediation Center; over 30 years private practice in NYC.
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I am a re-married Dad with sole custody of my two sons ages ...

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I am a re-married Dad with sole custody of my two sons ages 10 and 12. I have had them for the past 4 years. My wife is a stay at home Mom and her 13 year old son lives with us as well. I recently filed to increase the child support that my ex-wife currently pays which is $400.00 per month. She has now told me that she has an attorney and that "I will be worse off in the end". She never even responded to the original divorce papers and has told me numerous times that she has no maternal instincts. Could she try to get my boys??? She is single and when she has the boys, they are left alone. What can I expect from her?

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that when any of us at JA legal answers a question, we don't know what you, the customer, already knows about the issue unless we are told.

It sounds like she is just puffing. From what you say here, you have custody instead of her for one or more reasons and there appears to be no reason to change that.

The application for increase is separate from the custody issue altogether, so don't worry about that unless there are some other CUSTODY factors other than what you have said here.

Regarding the application, increases are granted if there are changed circumstances such as an increased need for support due to increases in the needs of supporting the children; along with a reduction in your income and/or an increase in hers.


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