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Ask RayAnswers Your Own Question
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 40680
Experience:  30 years as a family law lawyer .
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I am going to court in the morning here in guilford county

Customer Question

I am going to court in the morning here in guilford county nc- my ex is remaried with a 4 year old- both have a full time job- he wants a modification to reduce his child support- i have a 13 and 15 year old dau with him- he has always paid 600.00 month for 11 years- he remarrid and started not paying on time- first he wanted it reduced- now he says is i do not he will tell them about the extra time i let him have them over the past 11 years we have been divorced- he gets them every ture and every other weekend- but i do not make them come home on sun nites cause it is such a hectic day between church and family- thy stay extra and i let him keepo them extra every other thursay isf it was my weekend coming up- now he is taking advantage of my generosity with the kids- is he in the right- will the support get reduced- or will the judge see that i was just lettin ghim have extra time here and there with the girls- i also took on an extra 200 mth for braces- what should i do???
Submitted: 8 years ago.
Category: Family Law
Expert:  RayAnswers replied 8 years ago.
Thanks for your questions here. Let me give you several answers. He has an extra kid .that is a legitimate deduction here. They would calculate for three kids and then you get 2/3 of this amount here . It may be more or it may be less. The extra time here is not sufficient time to reduce support here in my mind so this should not be an issue.

Overall here you wan tto show the braces and other costs that have gone up here. They will look at hs income and the extra dependent here and recalculate. Thats the botXXXXX XXXXXne so bring your expenses here and your income and see how it all shakes out..

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.



Customer: replied 8 years ago.
I also have another child that is 6 years old- not his- and not married not with the father at all now- thank you for the releif on the days extra- but if he has 2 incomes him and his wife aand i have only mine- should they reduce support- I sit in on a few days of court to listen to the cases and in one case the att said that since the mother got welfare that they cld not reduce it- is that true cause i do get medicaid ( ins) that is a form of governemt help- he makes 1500.00 month I make about the same- is 600.00 right- can i take the deductions from my 6 year old like h will his 4 year old or will that even out
Expert:  RayAnswers replied 8 years ago.
He has the burden to show change of circumstances and that it is in best interests here. The remarriage will not be an issue here as they will add up his income only and then count dependents.

I am not at all sure that he can prevail and get this reduced. The exra dependent here may be offset by your expenses for the child and the cost of living.Don't give up here you may yet have it remain the same..

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.