Q) my son remarried- this woman worked for the attorney that handled his first divorce – he married her she got pregnant I believe the first month – she told him to pack and leave – after the child was born and they divorced he had to pay her hospital close to $7000. which we pay and she she gets right at 800. per month i believe. he has 2 of his children full time and the youngest the majority of time(first marriage)Now the other child he has never seen and of course she doesn’t want him too.( this is very complained To my husband and I we don’t think she should be getting that much. he can’t even pay bills on time and we help him clothes and money – we are on social security and this hard. I know I shouldn’t be writing but he thinks there is nothing that can be done . he is a good Father to his children. please tell me if there is anything he of that can be done!!????? thank you
A) It sounds like your son is currently paying child support to his ex-wife for their child together. Child support is typically determined based on a formula that takes into account each parent’s income and the amount of time the child spends with each parent. If your son’s income has decreased or if his ex-wife’s income has increased since the child support order was originally set, he may be able to request a modification of the child support order.
However, it is important to note that child support is intended to provide for the child’s needs, not punish the receiving parent. If your son’s ex-wife is using the child support payments appropriately to provide for their child, then it is unlikely that a court would significantly reduce or eliminate the payments.
Regarding the fact that your son has another child that he has never seen, that should not impact his child support obligation for his other children. Child support is calculated separately for each child, and the fact that he has another child should not affect his obligation to support the children he has with his ex-wife.
It may be helpful for your son to speak with a family law attorney to discuss his options and determine if a modification of the child support order is possible based on his current financial situation.