Ask SingleDad Blog: Ex-Wife Remarries

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Can you stop paying child support when your Ex-Wife remarries a rich guy? Family Law, Fathers Rights Q & A on SingleDad.com

Need 2 Ask a Lawyer Blog: Child Support

Question:

If my
ex-wife remarries, am I still required to pay
child
support

even if her new husband makes a ton of money and I don’t have a job?

Also, if I’m
currently unemployed, is it legal for her to file for child support knowing I
have no income coming in?

Answer from Cordell
& Cordell divorce attorney
Jennifer M. Paine:

The short
answer is usually no. Unless your rights have been suspended or terminated, and
even sometimes then, only you are responsible for supporting your children.

Therefore,
the court will consider your resources (and your ex’s) when calculating child
support, but not the resources of lovers, mothers, new husbands, aunts, etc.,
none of whom are legally responsible for your children.

SingleDad Divorce Resource: State Child Support Calculators

Nevertheless,
you do have options if you cannot afford to pay support. Consider the
following, and act as soon as possible to avoid accruing child support arrears,
interest and penalties and, possibly, a contempt sanction:

Motion to
Reduce Child Support:
If you cannot pay the amount, consider filing a motion to reduce
it. The standards and procedural requirements vary by state, but, in general,
parents who genuinely cannot afford to pay (e.g., have lost a job) will receive
a reduced amount or a long-term payment plan. Contact an attorney in your area
for information about the rules applicable to you.

Three Year
Support Review:
The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) requires
states receiving federal
assistance to review child support orders every three years. Support payers and
payees have a “one time pass” every three years to ask for a review of their
current child support order. Contact the court or child support administrator
for your case to find out how your jurisdiction conducts PRWORA reviews.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”