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Ex-husband A signed a divorce agreement with Ex-wife

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B agreeing to pay a...
Ex-husband A signed a divorce agreement with Ex-wife B agreeing to pay a certain amount of child support, contributions towards the children's college, medical expenses, vacation, and extracurricular activities. Upon remarrying, A had more children with his second wife, and he can barely provide for the second family's necessary expenses, to say nothing of his previous children's medical expenses, vacation and extracurricular activities as previously agreed. he also doubts he'd be able to afford the first set of children's college tuition. he wants to renegotiate the terms of the divorce agreement, is this possible? What if the ex-wife refuses?
Submitted: 11 months ago.Category: Family Law
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Answered in 17 minutes by:
9/22/2017
Family Lawyer: lawyerJ, Lawyer replied 11 months ago
lawyerJ
lawyerJ, Lawyer
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Family Lawyer: lawyerJ, Lawyer replied 11 months ago

It is definitely possible. You definitely have options in this scenario. Obviously an agreement is the fastest way to get your child support order changed, but it is still completely feasible with or without your ex-wife's agreement.

Due to your change in circumstances (additional dependents to support), you would have a case for a downward modification of child support. Massachusetts provides a nice walkthrough of the child support modification process here.

If I've fully answered your question, I'd appreciate a five-star rating. If not, please let me know how else I can assist you.

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Customer reply replied 11 months ago
hi would the judge be looking at just the ex-husband's income which is filed jointly with his new wife? the kids from the new marriage attend private schools and the new wife would not like it i f the judge decided that is a 'luxury' and that this 'wealth' needs to be redistributed and make them take their kids out of private school just so the husband's first set of kids can have music lessons or vacations.
Family Lawyer: lawyerJ, Lawyer replied 11 months ago

The judge would be looking at the ex-husband's income to determine whether all dependents were being treated equally. However, they'd be comparing apples to apples. For example, the judge wouldn't take away education to be redistributed for music lessons or vacations. They would only redistribute funds from this "education pot" to go towards education of the first set of children.

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