(Redmond/Family Law) Child Support Modification - The Ex Factor

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(Redmond/Family Law) Child Support Modification - The Ex Factor
Written By: Josh Lowell ~ 9/4/2015

We recently received a phone call from a potential client who originated in the Spokane area who had an inquiry regarding Family Law. The father had a child from a previous marriage and had paid a substantial amount of child support to his ex-wife. It had been some time since the child support order had been entered, and the potential client was exploring whether to modify the current order. Since the divorce, both ex-spouses had remarried and their respective ex-'tra' spouses had full time employment.

Dealing with the income of the new spouses is a question that needs to be dealt with often in Family Law matters. Child support is calculated by using the ex-spouses' income only. However, the "Ex Factor" applies to figuring out what the incomes are. If the new spouses's income does not impact what you earn curently, then it makes no difference. If the new spouse's income allows you to forego employment (i.e. if the new spouse can fully support the ex-spouse), then it can be used to help calculate the new income.

In many situations, when reviewing the potential change to a child support order, the calculations are simply based on the current incomes of each parent. It is important to know all of the facts in order to make an informed decision regarding child support modification. At Magnuson Lowell, we can help you analyze the Ex Factor to determine if there is more money at play with the new spouse than meets the eye.

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