Will my child support decrease if my ex-wife gets married and goes from unemployed to working and making more than me?

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Will my child support decrease if my ex-wife gets married and goes from unemployed to working and making more than me?

My ex-wife has been unemployed since our divorce and now recently has gotten married and gotten a job. Is it worth it for me to get a lawyer and take her back to court to get my child support adjusted? I am living paycheck to paycheck in a shared apartment while she drives a cadillac and has her own house because she has manipulated the welfare system and her family. I just want what is fair to me! She had a car when we got divorced but she said her husband (boyfriend at the time) used it to drive to work so I have had to do all the pick up and drop offs for the last year and we live 45 minutes apart.

Asked on July 2, 2015 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it does seem unfair to you.  But understand that child support - even in Ohio - is set through a child support guideline, meaning that the non-custodial parent pays x amount regardless of what the custodial parent makes.  Her employment, however, can make a difference in "extras" that you may pay since those extras are divided based on your combined incomes and percentages.  You were paying 100% before becuase she had no job.  Now she has a job so ask for a recalculation.  Also, now that she has a car ask to modify the provision about sharing the driving as well.  Good lucl.


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