Child support modifications

[Curious0098]

What is the name of your state (only U.S. law)? Oregon

My husband pays child support to his ex-wife for their 3 kids. She has sole custody with a 50/50 parenting plan. She has remarried and they are expecting another child. She will be reducing her work schedule to part time once the baby is born. How does this effect my husband's current child support payments (increase or decrease or stay the same? ). She is saying that the child support amount will go up because she is reducing her hours of work. If all three of my husband's children are school age and do not require childcare, why would payments increase because she is having another child and is reducing her hours?

If she requests a modification of child support, can we request modifications that include spouses income (her husband and mine) as well?

 

[SESmama]

New spouse income is not considered in child support. Whether or not the CS amount will go up, check here

http://www.oregonchildsupport.gov/pages/index.aspx

 

[LdiJ]

What is the name of your state (only U.S. law)? Oregon

My husband pays child support to his ex-wife for their 3 kids. She has sole custody with a 50/50 parenting plan. She has remarried and they are expecting another child. She will be reducing her work schedule to part time once the baby is born. How does this effect my husband's current child support payments (increase or decrease or stay the same? ). She is saying that the child support amount will go up because she is reducing her hours of work. If all three of my husband's children are school age and do not require childcare, why would payments increase because she is having another child and is reducing her hours?

If she requests a modification of child support, can we request modifications that include spouses income (her husband and mine) as well?

It should stay the same. This is a voluntary reduction in income on her part. Should she attempt to modify child support your husband should ask that she be imputed a full time income based on what she was previously earning.

And no, as you have already been told, spouse's incomes cannot be included in the calculation.

 

[Curious0098]

It should stay the same. This is a voluntary reduction in income on her part. Should she attempt to modify child support your husband should ask that she be imputed a full time income based on what she was previously earning.

And no, as you have already been told, spouse's incomes cannot be included in the calculation.

Thank you LdiJ. When you said that my husband should ask for her to be imputed a full time income, is that simply us finding additional paperwork (online forms to present her with) or would we need to be involving a lawyer at that point?

 

[Ohiogal]

Thank you LdiJ. When you said that my husband should ask for her to be imputed a full time income, is that simply us finding additional paperwork (online forms to present her with) or would we need to be involving a lawyer at that point?

YOU ARE NOT INVOLVED IN THIS. This is not your legal business. Your husband needs to educate himself.

 

[LdiJ]

Thank you LdiJ. When you said that my husband should ask for her to be imputed a full time income, is that simply us finding additional paperwork (online forms to present her with) or would we need to be involving a lawyer at that point?

No, its not just a matter of presenting forms to her. Its a matter of making a motion to the court and arguing it at a hearing. If your husband, with no help from you, cannot do that, then yes, he needs an attorney. As OG said, he really needs to be learning this stuff for himself.