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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I recently got married to a military( Air Force) guy. He has

Customer Question

I recently got married to a military( Air Force) guy. He has an ex with a daughter. She uses her daughter to get money, cc, her school paid ect... Is there anything I can do as his wife? He gives her 2200 for child support supposedly because they came to an agreement in Reno Nevada. I know Nevada has diferent laws as California. I also want to know if I could do something to change the dollar amount she gets. It something I wasn't aware before I got married. I need help!
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While Nevada family law has some differences from CA law, the basics are quite similar.

I am rather surprised at the amount of support that your husband is paying for just one child. Fortunately, there is something that can be done and that is for him to file a Motion for Modification of Child Support and seek an order of the court lowering the child support to a more realistic level.

On average, the amount of child support which is ordered by the NV court in the case where there is one minor child is typically about 20% of the monthly income that your husband makes. As I am a USAF veteran, and my son is active duty USAF I know what he makes and I would be very surprised if your husbands military income and cash benefits reach nearly $130,000 per year---which is what would typically be required for him to have such a large child support payment.

He should consider petitioning the court to modify support lower so that it is more closely in line with state support calculations.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
The problem is that he agrees to it for the only reason she threaths him with big seeing her daughter on FaceTime. Can I do something about? I know I have rights also as his wife. what can I do?
Expert:  LawTalk replied 1 year ago.

Good morning,

First of all, my thanks to both you and to your husband for your service to our country!

You asked, can you do something about it? I'd love to tell you that you have rights (as regards ***** ***** support debacle) as his wife----but the reality is that when it comes to his spending money, whether it is given to support his child or whether it is spent on cars and motorcycles, you really don't have any control aside from persuasion. The law gives you no legal rights to control the spending of your husband while you are married. And likewise, he has no control over your spending either.

Spouses---at least spouses that are not involved in a divorce with a court to help them prevent the other spouse from wasting money---have zero control over what the other spends. Of course if only one is earning income that spouse can control access to the money. However if the money is there and available then he---or you for that matter---can spend it. This is not really an issue of rights, per se, as much as it is a matter of cooperation in a marriage.

I do have a remedy for you though---but you have to convince him that it is the right thing to do.

If the reason that he is paying too much is because he is threatened with loss of communication with his daughter then that is easily remedied. When he files the motion for Modification of Child Support he also asks the court to Modify the Custody Order as well so that he is entitled to a certain amount of time every day to connect with his child on FaceTime, or any other form of communication and the judge will generally order that he be allowed that time. The court will not tolerate the mother's behavior in essentially blackmailing your husband, demanding extra money each month, just so he can remain in contact with his child. The court will be on his side on this issue. However, as his wife, you may have to convince him that moving forward with the Motion arguing that it is in the best interest of your marriage too. This isn't just about his daughter and his ex any more.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Expert:  LawTalk replied 1 year ago.

Hi,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. If you don't want a call and I can continue here with your answers.

Doug

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