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I want to know a lot of things. One, can my children's

Customer Question
I want to know...

I want to know a lot of things. One, can my children's father get child support raised on him, as he is having another child by another woman. Second, how can I keep him from taking my oldest son once he turns 12. Third, can child support be raised if he marries the woman he impregnanted?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Nebraska

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of at this time.

Submitted: 11 months ago.Category: Family Law
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Customer reply replied 11 months ago
The second question is asked because he manipulates my son by telling him he can tell the judge what parent he wants to live with at this age. The father is a two time felon and has a bad report, so bad, no company will hire him. He has to work for temporary agencies.
Answered in 9 minutes by:
9/11/2017
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,892
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Customer reply replied 11 months ago
Hello.
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

Child support is based upon the needs of the child. If those needs have increased and/or the fathers income and ability to pay has increased, a motion to modify support, could be filed and the father could be ordered to pay more support, if there is a legal basis to support it. Now, the father can not just take the child and if he wants custody, would have to file a motion and have it ordered. Of course, you can object to it and the Judge is going to decide based upon the best interest of the child.

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Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

Now, a Judge may speak with the child and hear their wishes BUT the Judge always has the final say and will decide, based upon their best interest and the evidence provided.

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Customer reply replied 11 months ago
there are 3 other children involved. but he only shows favoritism over the oldest, even though they are all his children. What about having child support raised? if he marries?
Customer reply replied 11 months ago
i think having another child shows that he is able to financially pay more in child support one would think
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

Him remarrying is not a basis to increase it, since she would not be responsible for his child support obligation. If you need more child support for the three, you should seek to modify the amount and show why.

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Customer reply replied 11 months ago
i need more for the 4 children.. we have 4 together
Customer reply replied 11 months ago
i was told modification could hurt me in terms of it showing that he has more mouths to feed and if i make 10% more than the last time the CS order was modified
Customer reply replied 11 months ago
He lives with her, why isnt she responsible
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

You can file a motion with the court to modify support. You will need to show the needs of the children can not be met and they need more. Now, he does need to show he actually has the money to pay it, since the current amount was ordered based upon his current earnings.

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Customer reply replied 11 months ago
ive always heard different that if he marries, her income would be considered also
Customer reply replied 11 months ago
he just gets off. im left with the four children to raise and care for. while he makes more children and doesnt have to have any consequences
Customer reply replied 11 months ago
There are no laws that help me?
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

A parent’s new spouse has no duty to support a child that isn’t his or her own. Nebraska law prohibits judges from assigning a new spouse’s income to the remarried parent. Specifically, in one Nebraska case, a cohabitating partner’s contributions to the mother’s household expenses weren’t considered additional income available for support. Nebraska’s child support guidelines base child support awards on the gross monthly incomes of the child’s parents – not the incomes of parents’ subsequent partners.

Nevertheless, a new spouse’s household contributions are relevant in a child support modification action. In another Nebraska case, the court used a boyfriend’s financial contributions to the mother’s expenses to deviate from the child support guidelines. Because the mother was receiving financial assistance from her boyfriend to cover household and basic living expenses, the court reasoned she had more income available to pay additional support. In many cases, a remarried parent may find his or her child support obligation increased.

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Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

I shared with you that you CAN proceed and modify the amount and show what is needed and why. He is not getting away with anything, unless and until you proceed and a Judge denies your request.

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Customer reply replied 11 months ago
I am a single parent, I have no boyfriend or husband. Its just me caring for 4 children alone on my income alone. Im afraid a modification will and can hurt me. I dont want to take the chance of decreasing the amount I already get.
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

Why would it be decreased? He would have to motion the court and ask for that.

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Customer reply replied 11 months ago
It would be decreased because he is having another child. Child support told me it would decrease his monthly obligation and show that he has not 4, but 5 mouths now to feed.
Customer reply replied 11 months ago
In order to motion the court and ask will it cost him anything? Because if not, he will ask for it to be lowered.
Customer reply replied 11 months ago
am I being charged for your every response?
Customer reply replied 11 months ago
if so, I will stop now.
Customer reply replied 11 months ago
I want him to face some kind of recourse for his actions. He left me to care for 4 children, 2 of which are experiencing psychological issues and troubles in school. I have had to make 2 different appointments. For my oldest and youngest son.
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

No, you are not. There is a one time charge and I receive credit once we are done and you rate my help at the top. It appears the agreed upon price was around $51 total.

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Customer reply replied 11 months ago
this has affected me as well. I have not sought any help yet.
Customer reply replied 11 months ago
No, I only AGREED TO 5 DOLLARS??
Customer reply replied 11 months ago
I SEE I HAVE BEEN CHARGED 42 MORE DOLLARS
Customer reply replied 11 months ago
Whats the 4 extra dollars for
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

Customer service can assist, as I am user like yourself. They can explain the cost but the $5 is a deposit.

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Customer reply replied 11 months ago
it sounds like I am screwed as far as him ever facing a higher child support payment? I cant afford to file a review/modification and have it work against me. In what instance could his fiance's income be used once they are married?
Customer reply replied 11 months ago
It sounds like there is a 50/50 chance of this happening, provided the examples you gave earlier.
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

I am happy to proceed and answer your follow up questions but if there is a question about the fee for the site, you need to contact customer service as it is more than $5.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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