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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16268
Experience:  Licensed experienced Attorney
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I have recently received physical custody of my seven year

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I have recently received physical custody of my seven year old daughter. Her mother has remarried and now I am asking for adjustment of the child support payment. If her new husband has hired a lawyer for her, should his income them be included in the formula for adjustment? Would the new step Dads income be included in the financial formula anyway?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Is your child's mother paying the child support to you?

Did you file a Petition to Modify Child Support Payment Amount based on the additional income of the mother's new husband?

Are you represented by a local family law attorney in this proceedings to modify child support payment amount?
Customer: replied 3 years ago.
Hello Alex, I am not represented by an attorney. I filed a petition only to see her mothers income, not the additional income of her current husband. No, she does not pay me support. I have paid her for six years, never missing a payment.

Thank you for your follow up.

The child support mother's income would be taken into the formula, however the new husband's income would not be taken into the formula, even though he might provide money for the mother's legal bills or other financial needs, since the new husband is not legally obligated to provide any support for your minor child.

So as long as the mother's income has increased from the time the child support was established by the court, then you will have a good chance of getting your child support payment reduced, providing that your income has not been increased from the time the current child support was established.

I wish you the best of luck and please let me know if you have any related follow up questions.
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