[lovesongs]

Hi,
I have two children, one 11 and the other 14. I live in the state of Alabama and I have been divorce for 8 years. During time my ex has been consistent paying the schedule amt. However, as the kids has gotten older things are more expensive. He has gotten several increases in his salary and he has his own business. He is also remarried with two step children. Can I get an increase in child support or will it be a problem since he is now remarried and has a new family/ since it has been 8 years.

Thanks for your help

[GV70]

RULE 32.
CHILD SUPPORT GUIDELINES

(B) Definitions.

(1) Income. For purposes of the guidelines established by this rule, "income" means actual gross income of a parent, if the parent is employed to full capacity, or the actual gross income the parent has the ability to earn if the parent is unemployed or underemployed.



(3) Modifications. The child support guidelines shall be used by the parties as the basis for periodic updates of child support obligations.

(a) The provisions of any judgment respecting child support shall be modified only as to installments accruing after the filing of the petition for modification.

(b) There shall be a rebuttable presumption that child support should be modified when the difference between the existing child support award and the amount determined by application of these guidelines varies more than ten percent (10%), unless the variation is because the existing child support award resulted from a rebuttal of the guidelines and there has been no change in the circumstances that resulted in the rebuttal of the guidelines.

[GV70]

will it be a problem since he is now remarried and has a new family/ since it has been 8 years.

Thanks for your help

No.it will not be a problem.

[ScottGem]

Under Section 3(b) that GV cited, if his increased salary would mean an increase of more than 10% under current guidelines, then you should be granted a modification. Apply.