Q: My husbands ex wife is wanting to try and modify his child support for their 16yr old son. How easy is this?
She threatens us all the time to do this if we don’t “give” my stepson whatever he wants. Now it’s a 20k car. The divorce decree states nothing about my husband being responsible for solely purchasing him a vehicle. Me and my husband have been married for almost 10yrs. Of course since this time his income has increased but we have 2 children together and I had two from a previous marriage so we have 4 living in our home that we solely care for. I own my own business(photography) and we do ok financially. She is remarried for almost 13 years and her husband is very wealthy. They now only have 1 child to care for and she does not work. Just wanted to give a little back story. How easy would it be for a judge to grant her this? Just because we do not do what she wants? The text we receive are ongoing threats but my husband is super passive and always wants to just give in and do what she wants to not have to see a judge and go through “arguing” in front of him. What are your thoughts?
A: Child support is statutory, so consulting with an attorney can at least give you the perspective of whether or not the matter is worth pursuing or not. If she has yet to file a petition then do know that any modification can only go from the date of the petition being filed and won't be retroactive past that point.
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