Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today.
Yes, the mother's actions give you grounds to argue for custody if you can provide a more stable living environment for the kids. You can also ask the judge to add a morality clause to the custody order, meaning that neither of you can have overnight guests (or cohabitate with an unmarried partner) if the children are in your care.
Child support is based upon the combined income of both parents and the number of children. A judge can't just order more support because one parent would like to live beyond her means. Use this calculator to see if what you're currently paying is more or less in line with where it should be.
If you're 10-20% below the amount provided by the calculator and it's been a couple of years since the order was entered, she could be entitled to a cost of living increase. Otherwise, wanting to live in a nicer neighborhood is not grounds for increasing support.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.