My question is about child support laws. I believe my ex-wife has moved in with her boyfriend and is no longer having to pay rent.
Would I be successful in filing a modification to lower my child support payments because she is getting free housing?
I do not practice in your state, so I cannot inform you as to the specific laws of Indiana. Cordell & Cordell has attorneys who are licensed nationwide who would be willing to discuss the specific facts of your case with you.
In Missouri where I practice, as in most states, child support is calculated in a very formulaic manner. In most states, the calculations are based upon three main factors: the respective incomes of each of the parents, the number of children involved, and the custody or visitation schedule, i.e., the percent of time each party has custody of the children.
The courts have constructed formulas in an attempt to reduce subjectivity of the child support amounts. (Calculate your child support.)
In order for the court to modify a child support order, you would be required to prove to the court and the court would have to find that there are changed circumstances that are so substantial and continuing such that the original child support order is unreasonable.
In determining whether a substantial change in circumstances has occurred, the court would consider the financial needs and resources of both parents, including the extent to which the expenses of either party are, or should be, shared by a person with whom he or she cohabits.
In a proceeding for modification of any child support or maintenance judgment, the court, in determining whether or not a substantial change in circumstances has occurred, shall consider all financial resources of both parties, including the extent to which the reasonable expenses of either party are, or should be, shared by a spouse or other person with whom he or she cohabits, and the earning capacity of a party who is not employed.
In your case, the needs of your ex-wife would arguably be less due to the fact that she may have much lower living expenses because she is not paying rent.
Cordell & Cordell has men’s divorce lawyers located nationwide. I urge you to contact one as I do not know all the details of your case and thus cannot provide you with specific legal advice.