My wife and I got divorced 5 years ago. She is remarrying in March and her new husband is on a lot more money than I am so they will be very comfortably off. I am struggling as I have a massive mortgage and I am paying out every month in child support. When she remarries, can I reduce the child support payments, as she will have two incomes coming into her house and be a lot better off than I am.
Thank you for your enquiry.
If you are paying your former wife spousal maintenance, then the spousal maintenance payments should stop when she remarries.
You mention that you are paying child support but do not say if that is on a voluntary basis, after a child maintenance service assessment or under a family court order. You should not change the child support payments without first taking legal advice.
The amount you pay in child support should not be effected by your former wife’s remarriage and her husband's financial circumstances. However, a family solicitor can advise you on whether you are paying the correct amount of child support based on your current income and other factors. If the child support is being paid under a child maintenance service assessment or court order, a variation application could be made.
You do need Family Law advice on your child support payments. We would therefore ask you to call us on 0203 959 9123 to arrange an appointment to discuss how we can help you. Please call us.
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