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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30167
Experience:  Attorney with experience in family law.
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My husband has 2 children, that his monthly child support

Customer Question

My husband has 2 children, that his monthly child support payment was just recently increased. The mother has been remarried and also has 1 child by her present husband.
She does not work. His child support was increased by 60%. He now is responsible for 2/3 of the children's support and she responsible for 1/3. How can she be allowed to stay home and not work???He has had very little contact with these children in the last year. When he calls or text they do not respond. The oldest daughter (16 yrs old) , is constantly sending him text messages, saying she wants him to sign his rights over to her mother's husband.
My husband does not want to do so.
How do you suggest he has his daughter stop the harassment. The communication with the child's mother is not good.
This needs to stop.
Please advise.
Submitted: 9 months ago.
Category: Family Law
Expert:  Lucy, Esq. replied 9 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this is happening.

She's allowed to stay home and not work if her new spouse is willing to support her, however, for child support purposes, the judge should assume that her income has not changed. The calculation should be done assuming that she makes as much as she would be if working full-time. Then, she's till partially responsible for contributing to the children's support. Take a look at this calculator to see what he should be paying. If the most recent order is not in-line with that amount, he can file a Motion for Reconsideration.

If he's going back to court, anyway, he can ask the judge to order the mother not to disparage the father around the children or let other people to do so, to make efforts to repair that relationship, and not present stepparent adoption as an option. That might help a little, but he could also consider whether he wants to tell her to stop texting him at all, or even block texts from her number. Or he could ask the judge to order that they go to family therapy to try to resolve things.

You should know that if he signs over rights to the mother's husband, the mother's husband when then assume his child support obligation, and he would no longer have to pay anything. But it's understandable if that's not what he wants to do.

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Expert:  Lucy, Esq. replied 9 months ago.

Do you have any other questions about this?