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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Greedy Ex WIFE
Expert: James Robinson - 11/3/2009
Question
Mr. Robinson, I am a Navy LT (O-3) have been divorced for two years (FLORIDA), have two kids 11 & 6. They live in Mass, I live in Texas. I have been paying over $2000 in child support for two years, at least 75% of the support because my ex (now remarried) has no desire to work more since she only has to pay 25%, works (or worked) part time, and was getting money for child care on top of child support. Both kids are now in school full days, so I petitioned for the support to be reduced since child care is no longer necessary since she works (worked) part time. She has recently lost her job (20 Oct) and now has countered my petition, requesting that I pay 100%, and she also has filed a petition to deviate from support guidelines, asking court to grant her MORE than the ampunt required by guidelines. By the way, she has not found a new job, nor has she filed for unemployment. I really think she is just trying her best to get as much out of me as possible. I have a suspicion that she doesn't even use all the support she gets now for the kids. She by no means is struggling (new house in Cape Cod, new car, buys high end clothes, etc.) and I have suspicion my child support pays for a lot of that. My question: What action do I have? I really have heartache paying 100% of the support, and I really do not see how she can ask for MORE than the recommended amount when the most she has EVER paid is 25%. Of note, she is fully capable of getting a full time job that contributes more to the support, and she has a history of deceit (failed to tell court she got remarried, kept collecting alimony for several months after; has been getting $500/mo in child care that she has not been using for child care (I contacted the after care supervisor, no enrollment of either kid)). I REALLY could use your advice. I have a case management hearing on 5 NOV and I would like to be as prepared as possible.
Answer
Dear Brian
Usually the percentage is based upon how much time you spend with the children and relative incomes. You can ask for a deviation based upon the fact that she has remarried and failed to find employment or ask for unemployment. I suspect she doesn't have to so she isn't looking. Good luck
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