Will the amount of child support that I receive go down if I was not working when I divorced but now I am working?

UPDATED: Aug 24, 2011

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Will the amount of child support that I receive go down if I was not working when I divorced but now I am working?

My ex-husband pays child support but will not increase the amount at all and will not give the children any money for school trips and camps even though he has the means to do so. I was a stay at home parent when we divorced and did not have my own income. Now I do have a job and make a nice wage, however, his refusal to pay for extracurricular activities (and he’s only been asked for just half the cost) seems ridiculous. If I have a job now, and it goes back to a judge, will the initial amount of support be reduced because of my income status now?

Asked on August 24, 2011 Alabama


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

Answered 11 years ago | Contributor

Generally speaking, a parent can ask for modification of a child support order when there is a change in circumstances.  Most parents ask when they have lost their job but it is not unheard of to ask if your ex spouse has now gotten a job.  Since child support is generally calculated using a model that includes the income of both parents, your income becomes relevant.  Now, the law does often allow for a request for increase in child support when the expenses of the children start to increase.  So although you are now making money and that money is to be included, see if the activities, clothing, etc. can be upped to make it somewhat a wash for your income (the older they get the more expensive things are for kids).  I would speak with someone on the matter.  Good luck.

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