Can my husband’s child support be lowered if we have a child?

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Can my husband’s child support be lowered if we have a child?

If my husband and I where expecting could his child support be lowered on his temporary support order? And can my to children be used to lower his child support as well?

Asked on December 23, 2011 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sometimes child support can be lowered if it can be shown that a change in circumstances has reduced the parent's ability to pay. But the change must generally be an involuntary one, beyond the person's control--being fired and can't get a job; disability; etc. Having a new child is a voluntary act, and so it is unlikely that it would provide grounds to reduce your husband's support obligations for a previous child; however, you don't know unless you try. At the least, having a new child provides new legal obligations, so it could impact his ability to pay. You should consult with a family law attorney, to see if your husband's situation would support a reduction.

Your own children would not lower his obligation, since he has  no legal obligation to provide for them--they do not therefore impact his ability to pay. And also, getting married to you, who had children already, is again a voluntary act by your husband.


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