Question:
My Fiancé and I are planning a wedding in two years from now. He owes about $10,000 in back pay child support. He pays child support for two kids with barely any rights due to court order. I would like to get some information if taking the mother back to court to have the income fixed due to the new laws of 2018 based off mother and fathers income to establish the correct child support he should or shouldn’t be paying. She makes 6x the amount more than he does. It’s frustrating with lawyer fees and arguing to see his kids without a fight with his ex. Primarily I would like to know if it’s worth going back to court and fighting for this issue. I’ve come to find out that, once we wed, my tax return all goes to her if back pay is not met and until the kids are 18 and yet they are not my responsibility period.
Jim's Reply:
You're speaking of seeking what's often called the modification of an existing divorce decree. You say he is denied rights somehow but if he's under an order of a family court, we have to assume his rights were paid attention to properly. Most states allow a modification proposal to be heard by the court although some states have rules of timeliness and so on. The harsh fact of the matter is that returning to seek a financial modification without really solid reasons (major illnesses with hospitalization, for example) can backfire. If it appears the obligor is trying to avoid child support so as to substantially improve his own lifestyle, the court may not be happy and could actually increase the obligation. His best bet would be to retain a divorce attorney who could look over the circumstances and advise him that he may or may not prevail. That's really the only way to determine what the outcome might be. Child support obligations by one party of a fresh marriage often lead to bigger disputes than anyone foresaw. Visitation can be strained even under the best of circumstances and everyone gets cheated one way or another. Finances will always be harder because of the child support obligation that is likely to increase as the children age and attend college. With your up-front attitude that, "they are not my responsibility period", I can't see anything positive coming of the relationship. A stepparent is a parent and is expected to accept that role...you may want to rethink your future.