[jsm147]

I've been divorced for roughly 5 years. At the time of my divorce my ex-wife did not work... and she still does not work. We have 2 children together now ages 10 and 13. I pay what I would consider high child support amount. I was divorced prior to the new guidelines going into effect:

She is remarried and her new husband make in the high mid-six figures.

1) Her new husband claims my children as dependents on his taxes and has gotten the right off for the last several years. She doesn't work, therefore does not have an income. Can he legally claim my kids and get the write off based on his marriage to her?

2) Based on the guidelines, does "not working" protect a women from her being considered in in the calculation or will they estimate her "potential income" calculation even if she chooses not to work.

3) Do I need a change in circumstances to have my support reviewed or is the fact that the laws have changed good enough to have my agreement revisited?

4) Do the courts look at "household" or "personal" income when reviewing these cases?

Thanks to anyone who can share their personal or legal experience!

[ScottGem]

1) a child can only be claimed as a dependent by someone providing more than 50% of their support. Not knowing how much you pay (nor do I want to know), it might be possible that he does provide 50% of their support considering room and board.

2 & 3) consult an attorney, but you may be eligible to have the support reviewed.