My ex has moved into a rental house with her boyfriend so she now owns and rents her other home can child support be lowered?

Question:

My ex has moved into a rental house with her boyfriend so she now owns and rents her other home can child support be lowered?

She works full time and her boyfriend works full time. She is renting her house, 3 bedroom that she owns and receiving income plus only paying half rent in new house with boyfriend which should mean her bills have lowered, we have 2 children together 16 and 11 and she is now pregnant with boyfriend baby. Shouldn’t the home she is renting out be calculated in child support to lower it?

Answer:

The rental income (net of rental expenses ie mortgage payments) may be considered in modifying child support. The rent she saves by living where she lives now would likely not be used unless the house she is in now is leased in her name and the boy friend is paying 1/2 the rent. Then she would be getting a financial benefit from his paying her rental obligation. However if it is his house there is no benefit to her. Also bear in mind that any modification of child support must result in a 15% increase or decrease from the current child support order to become effective. In other words for you to get a reduced child support amount, the modified child support amount must be at least 15% lower than the current child support order.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

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