Question:
I am going to receive a substantial increase in my income. Will I have to pay an increase in my ex-wife’s alimony and how will that affect my children’s child support?
I am also remarrying soon and am unsure how my new wife’s income will be used in my child support calculation.
Answer:
Please be aware that I cannot give legal advice based on contact from the website and can only provide general tips regarding your situation.
You will need to check your decree to see if there are restrictions as to modifying alimony. In most states, unless the decree specifically prohibits the same, alimony can potentially be modified.
That doesn’t necessarily mean the facts will be present that would convince a judge to do so, only that the door could be opened.
A modification of child support is very different. In most states, it is against public policy for any provision to be included in a decree that prohibits the modification of child support. A child should always be able to immediately enjoy an increase in their own standard of living if the parent’s income has increased in a significant amount. It is doubtful your new wife’s income will be used in any future calculations.
Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.
No, don’t even let them know of any pay raise you get, although they would have to take you to court and prove that they need an increase!!!