Can I modify child support based on my ex's new spouse's income?

Full question:

i want to modify child support and since she is remarried i was wondering if they can go off his income also, together they make over 130,000 a year and mine is only 7,000...I need more help??

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: Oklahoma

Answer:

Parents have a legal and moral obligation to support their children. This duty continues while the child is a minor, and courts are responsible for setting child support. Generally, the obligation to pay child support falls on the child's natural or adoptive parents, not step-parents.

In Oklahoma, child support is guided by statutory guidelines established in 1987. These guidelines determine the amount of support parents at specific income levels are expected to provide for their children. The calculated child support amount is presumed to be correct under the law.

The first step in determining child support is to calculate each parent's adjusted gross income and combine those figures to find the total gross monthly family income. This gross income can be determined in several ways, including: 1. actual monthly income; 2. average monthly income over the past three years; 3. minimum wage for a forty-hour work week; or 4. imputed income based on comparable education and experience.

The Oklahoma Child Support Guideline Schedule is then used to establish the base child support amount based on the combined income of both parents and the number of children. Each parent's share of the combined income determines their percentage of the base support obligation. Typically, the non-custodial parent becomes the 'obligor' and pays their share of the support to the custodial parent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

No, you cannot pursue alimony from your ex-husband's new wife. Alimony is typically awarded between former spouses based on their financial needs and the ability of the other spouse to pay. A new spouse's income is not considered in determining alimony obligations.