Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My ex-husband remarried and divirced his second wife. He has…

My ex-husband remarried and...

My ex-husband remarried and divirced his second wife. He has to pay alimony and child support to her. How does this affect my order. He pays me 17 percent. The orders are i NY

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

NY

Lawyer's Assistant: Has anything been filed or reported?

His divirce has been finalized with the support orders.

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

He says he wants to go back to decrease his payments to me.

Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
3/6/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 463
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

Allow me a few minutes to look over everything and I will provide an overview for you.

Ask Your Own Family Law Question

What you are experiencing is quite common when spouses end up having multiple support orders for alimony and child support. The former spouse says they can't pay but what it really is is them not wanting to pay.

First do understand that since you were not, nor should you have been, part of his most recent divorce, any support orders that come from that case are in addition to your support order and your support order is still valid. In all likelihood the court or the parties/attorneys if it was an agreement, would have or should have take into consideration his support obligation to you when the most recent were being set. In other words, let's say he was before a court that was determining the most recent support orders - it would have been his responsibility to address that he was already paying support to you so when the most recent support orders were made that could have (and it probably was) been considered.

The reality is he has multiple support orders relating to multiple former marriages. He probably doesn't like it, but that is his reality. I am not surprised he has asked you to lower your support, but just because he has more support he has to pay does not mean or require you to give up on support that you either agreed to or had ordered. He could even file seeking to have the Court reduce it, but any court would see that your support order was in place first and the most recent support order cannot control your order.

So, can he ask you to decrease his payments to you? Absolutely. Can you agree to reduce your payments from him? Certainly. Can he make you reduce the payments? Not without you agreeing to it or a Judge ordering it.

I would encourage you to make sure that your situation is protected and make him follow the order you have. If he doesn't pay you, I would encourage you to pursue a contempt action against him to compel his compliance.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Ask Your Own Family Law Question
Customer reply replied 1 month ago
This was extremely helpful.

Well thank you very much for your kind words. 5 star ratings are always appreciated and you can follow up with questions even after a rating.

Best of luck!

Ask Your Own Family Law Question

I just wanted to follow up and see if there were anymore questions related to this with which I could help?

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 463
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 463
463 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If I already have a child support order in place but I want
If I already have a child support order in place but I want to increase the amount how do I do that … read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
303 satisfied customers
I am the non custodial parent on a child support order
I am the non custodial parent on a child support order established in Missouri.. I am now a resident of kansas... my order has been registered to Leavenworth county Kansas and the state of Kansas now … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,113 satisfied customers
In New York State, is both alimony and child support based
In New York State, is both alimony and child support based off NET or GROSS income?Additionally, if it is NET, does the NET include all taxes? All federal, NY State,local income taxes in 2018?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I have a child support order in CA and both parties live in
i have a child support order in CA and both parties live in NC but the one party has requested a modification in CA … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
My child support order was set at 298 and child care was set
my child support order was set at 298 and child care was set to 62. how long are you required to pay child care costs? I know support until 18 or graduates HS but child care was set when he was a baby… read more
Sean K
Sean K
Family Law Attorney
463 satisfied customers
If I was paying child support and alimony to my ex and now
If I was paying child support and alimony to my ex and now my daughter is living with me does my ex now have to pay me child support? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a question about alimony and child support paid in
Hi have a question about alimony and child support paid in excess and at the end of year … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,113 satisfied customers
Paid alimony and child support year. At the end of year
Paid alimony and child support year. At the end of year recalculated payments as per agreed up on percentage of alimony payments. Due to payroll cutoff dates and severance payments, about $2500 was pa… read more
Sean K
Sean K
Family Law Attorney
463 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Family Law Attorney
463 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
I have an old child support order where I was suppose to pay
Hello, I have an old child support order where I was suppose to pay support. I never did, because I ended up moving out of state and the child lived with me. The child is now 35 years old. When the ch… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I need a copy of my child support order. Don't know where to
I need a copy of my child support order. Don't know where to get it. My divorce was in 1985. My daughter is 36 years old and is disabled and unable to support herself at this time. I was told by an at… read more
Lori
Lori
Juris Doctor
1,090 satisfied customers
My child support order states that payments will continue
my child support order states that payments will continue until "each child" are 18 or graduates. my daughter has graduated june30th but was emancipated from her mothers home on march 29th. my son is … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
Need help attaching a current child support order into a
need help attaching a current child support order into a divorce … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
Can you do modification to a child support order with the
Hello, can you do modification to a child support order with the original signature and file it again without having to sign it? My ex changed our divorce papers without me signing it again and is fil… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,402 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x