I recently had a final hearing where my ex argued that his new spouse’s medical debt (accrued before their marriage) was a reason to reduce his child support payments. The judge agreed, even though he presented no evidence and my lawyer didn’t question this. The judge also considered that he has a new baby. I’m confused about how the judge could deviate from the guidelines based on this. Shouldn’t my lawyer have objected or asked for more details? What can I do about this?
It sounds like your lawyer dropped the ball by not contesting that. Medical debt from a new spouse shouldn’t factor into child support, especially without proof.
You might want to discuss this with your lawyer to see if you can appeal. If he provided no hard numbers, that’s a huge issue.
I agree with others that if the new spouse’s income isn’t included in calculating support, her debts shouldn’t be considered either. Ask your lawyer about this.
It’s worth figuring out how much his support was reduced due to the debt. If it’s a small amount, it might not be worth the effort to appeal, but definitely get clarity.
The judge’s reasoning seems flawed if he didn’t provide evidence. You should definitely hire a new attorney for a case review if you feel yours didn’t represent you well.