Q: I pay child support but I have 3 other children with my current wife, can I lower my child support to my exwife?
My my ex wife and child live in Illinois, that’s were the divorce took place. I remarried, so has she, but I have 3 children with my current wife ages 5, 3 and a 7 month old, we live in Florida. I want to lower my child support. Is having 3 kids (this adds a lot More expenses) a substantial change in circumstances? I’m supposed to pay 535. But she receives 148 from my SSDI. And I pay 387 out of pocket to complete the 535. We adjusted the agreement when my first child was born with my current wife. I’ve been adjusting it as the other kids were born to complete the 535, and she had no issues. But I have 3 kids now and i was wondering if I can lower it. She will still receive the 148 from SSDI and whatever the court lowers it. I would be ok with paying 182. That’ll be 330. Whenever my child need anything additional I will provide if I can do so.
A: Yes you can seek a modification. One child can often be enough to change amount and meet the substantial and continuing change requirement, and will most likely cross that threshold, unless you are a high wage earner. There are other factors to consider and requesting modification doesnt always mean order will be lowered. But in the circumstances you described, that may very well be the case.
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