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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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If your ex wife who is custodial to my children is now

Customer Question

if your ex wife who is custodial to my children is now showing more earned income and an inherited family business and living extraordinarily luxurious in the home in which she retained after a buyout yet child support is a continued exorbitant expense for me ..can it be reduced??
upon divorce she claimed no income only large amount of earned interest from separate property..i continue to make 6k/mo monthly payments in addition to full health care , dental , 1/2 summer camps , and 1/2 college plus other items and when they are with me i continue to fund.
I have no problem giving to my children but 6k far exceeds what their needs are.
just seems unfair with all the vacations, 3 cars, home upgrades that are far above and beyond what is necessary.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I prepare a response.

Expert:  LegalGems replied 1 year ago.

Thank you for your patience;

so child support is based on the parent's respective income, and the number of children; so for example, for one child the relevant percentage is 17%, for 2 25%, for 3 29%, for 4 31%, for 5 35%;

Basically the court will combine the party's respective income, then multiply it by the relevant percentage above; and they will divide that amount so that it is "pro rated" based on the party's income.

The idea is that the parents are to both contribute to the child's financial needs based on :

1 .their financial ability

2. lifestyle the child would have enjoyed had the parents remained together

3. the child's special needs.

The court can also "impute" income to a parent that is voluntarily un/under employed.

So the court does have discretion to modify support, if the current support order is such that the child is living a more extravagant lifestyle than the child would have if the parents remained together; similarly a request for imputation of income can help reduce child support, as it will affect the formula mentioned above.

Here is the form for modification:

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Here is the chart that determines an estimation for child support:

kindly rate 3, 4 or preferably 5 stars so I receive credit for assisting you;

further questions on the above can be posted here. Thank you.