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Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16379
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I have been divorced for 6 years and have a 12-year-old and

Resolved Question:

I have been divorced for 6 years and have a 12-year-old and 13-year-old with my ex-wife. We have split all expenses since our divorce. There is no alimony or child support. She remarried (to the man she was having an affair with) and I have since remarried. My ex-wife and I earn approximately the same salary, but my current wife makes more than her current husband. Does she have any grounds to seek child support?
Submitted: 5 years ago.
Category: Family Law
Expert:  Legalease replied 5 years ago.

Hello there


The family court retains jurisdiction over all child support matters until the children reach the age of majority -- so your ex can bring you into court and ask for child support to be officially awarded if she is inclined to do so -- but the incomes of both of your new spouses will not be considered for that award. It is based upon the gross income of both parents and the number of children each is supporting. THis is set in the statutes of every state and the child support enforcement department actually has a calculator that the numbers are plugged into and a child support amount is determined. So, if your concern is whether or not your wife's income can be used in the calculation, the answer is "NO".

I hope that helps. Best of Luck



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