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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38364
Experience:  I provide family and divorce law advice to my clients in my firm.
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.My friend has just been served with papers to increase his

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.My friend has just been served with papers to increase his child support. Has a very nasty ex-wife unreasonable. He has paid his support for two girls faithfully for about four years. One has since turned 18 so her child support went down. Now she has filed to increase his support by over double for his one girl. She has some womens group in Alturas helping her. She has also met an online boyfriend who is very strange and way to friendly with his young daughter, and wants to marry the ex-wife and move both way away. Sort of at his wits end. Can you tell us what we need to do.
Submitted: 3 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question.

May I ask, on what grounds is she requesting a modification? Has your friend began earning more since the original support decree was put in place? When was the original decree placed on him? How old is the remaining child?
Customer: replied 3 years ago.
Yes he is earning more money now. He has been paying for both girls for almost 4 years since their divorce started. The remaining daughter is eleven. Now she is asking for almost 600.00 per month.
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

If he is making more money, then the other parent is entitled to request more funds. That is because child support is not final and settled, it is directly based on income of both parents and on percentage of custody of both parents of the children. The best way to find out if she is being unreasonable or not is to go to the link below, which is to an estimate of the child support guidelines calculator for the state or Oregon. This will tell you and your friend what approximately he should be paying under state law, and see if what she is requesting is higher, therefore giving you a legitimate argument in contesting her claim.

http://www.oregonchildsupport.gov/calculator/index.shtml

Good luck.
Customer: replied 3 years ago.
Even if she chooses not to work, he has to pay for her not making any money because she is lazy? So not fair
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your follow-up.

I am sorry but whether or not she works, his obligation to the children remains. The only recourse is for him to seek out custody himself, so that if he is able to obtain it, she will have to pay him support. Otherwise I am afraid that he does have to pay more support if he earns more, since legally that money is not for the ex but completely for the benefit of the child and her care.

Good luck.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38364
Experience: I provide family and divorce law advice to my clients in my firm.
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