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View Full Version : Modify Support for 3rd. Child


padadof3
04-08-2006, 02:44 PM
I am the NCP of 2 children that live in NJ with their mother. I also have a daughter with my current wife.
Can I request a modification of support due to my financial responsibilities for my daughter? My wife was working, but due to an accident is now disabled.
Thank You..

Kimosha
04-08-2006, 07:34 PM
Is your current wife recieving any disability payments or SSI since she is disabled?
Most of the time if there has been a certain percentage of financial change(check the state your support order was made in) you can go in and request for modification...however, i will say that you need to have proof of financial hardship, and alot of times the NCP is still not granted relief.
So i hope you have a judge hearing the case that is fair and not bias on you, because a handful of judges already have there mind made up before you state your case to not allow for downward modification, because of how so many deadbeat parents have tried to get over for years.
It is unfair to NCP's who are responsible and help support their children, but i have seen and heard so many people say that the judge, told them NO and they should not have had more children and will tell the NCP to get another job or a better paying job. That really hurt's. Especially if the CP is not willing to negotiate or talk about the modification with you.
I hope all goes well with your case and the best interest of all is taken into account.
If you can afford a attorney i would suggest getting one...because judges love us pro se people who represent ourselves...some of the judges feel like since we are not as knowledgable about our rights, they can just screw us every single time because we don't know when or how to object and they know this and don't expect us to say anything and expect that we should trust their judgment without question and deal with it....Good Luck!

shedo
04-10-2006, 10:44 AM
In some states they do take into consideration additional children in the home that you are responsbile for (ie, new births, or adopted children). However, it doesn't seem to affect the child support by very much. For example, in a case I knew of, the child support adjustment would have been $7 per month (but that was a different state). Also, if your incomes have changed at all (yours or your ex's) that would be factored in when adjusting child support, if anything changed it could raise or lower the child support amount. You would want to be clear what your current obligation would be figured at before you sought a modification. They would not consider your wife's income when figuring child support for your children, therefore her being on disability would not matter.

arkansasmom
04-10-2006, 11:05 AM
When I divorced my ex, he had a son from a previous relationship. He was allowed to deduct $10 per week from my son's support as well as his other son's support.

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