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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.

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Answered in 10 minutes by:
3/6/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 952
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.

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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.

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Customer reply replied 5 months 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!

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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: 952
Experience: Family Law Attorney in Private Law Firm
Verified
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