Can my boyfriend’s ex-wife ask for an increase in child support because we are having a new baby?

Child with the ex is 3 years old and he has been paying support since the divorce.

Asked on September 18, 2011 under Family Law, Massachusetts

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The ex wife can always ask for an increase in child support, especially if the child is now reaching school age (say pre-school) and needs additional funds for school expenses, medical and dental insurance or activities if the child is involved in activities. It doesn't matter what the catalyst is to ask for the increase in expenses but the court will only grant it if the increase is warranted. The ex wife will simply ask the court to amend the order but the burden will be on her to show why her child requires an increase; if anything, your boyfriend can show the court that with the addition of a new child an increase is not feasible. Before you move forward with anything, keep in mind that this is your boyfriend's issue only; the court will not hear from you per se. Also keep in mind this is all about the children. Make sure the two kids (yours and his) are not harmed in this process because ultimately he is this child's father and legally more obligated to her than to anyone else right now.


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