It depends on the state. In TX every child my husband has lowers his amount of CS that he gives to BM. Cut in half....now that is a joke. It goes down 2.5% for each child he has. She can have a million and it wouldn't change. You are right the cost of your child together does not all of sudden decrease, but he has to support two families now and instead of one. We actually filed to have child support done through the AG b/c we were paying BM way too much and didn't need a lawyer to do it. Check with them first, it can be a simple process.

Melis,

Welcome to the arcane world of Judge/Court Math.

Depending on how long the current agreement has been in play it is very unlikely that your XH will be able to reduce his CS payments for your child.

In the county of jurisdiction for my SS's case (Oregon) CS is not reduced and in most states that utilize a formula CS will not go down with the addition of another bio-kid for he NCP unless there is an extenuating circumstance in play. Having another child is not necessarily an extenuating circumstance.

File for an amendment of judgement immediately. Once it goes to a hearing the level of CS will not me his choice. If the agreement currently in place is 2yrs or older then the odds are that the increase in CS will more than cover any reduction he will get for adding another bio-child.

In our case bio-dad will occasionally get his panties in a wad about how much he is paying and will file in an attempt to lower CS. My wife usually has increased her salary significantly in the periods between judgement reviews. Though her percentage of financial responsibility for SS goes up the CS obligation for Bio-Dad usually goes up because the total number of $'s available for support increases at a faster rate than his reduction in support percentage. Bio-Dad has four out-of-wedlock children my three different mothers. My SS is his oldest and an only child in our home.

If the combined income of Bio-Mom and Bio-Dad is $5000.00/mo and the court determines that the total to support the child out of that number is $1086.71 and the CP is 65% responsible due to earning more than NCP then NCP is on the hook for 35% of the total support needs of the child. (1087 X .35 = 378/mo).

If two years later the total combined bio parent income is $6000.00/mo due mainly to increased salary for the CP then the % of responsibility for CP will go up (say from 65$ to 70% due to CP making even more money and NCP adding a child to the mix).

The new amount required to support the needs of the child will now be ~1320.00/Mo (the child should benefit from the improved prosperity of the bio parents). The new CS level that the NCP is obligated to pay would be $ 396.00/Mo (1320 X .30 = 396/mo) even though NCP added a non joint child and even though NCPs % obligation for the first joint child goes down.

The formulas very rarely allow CS to go down and tend to drive CS up over time.

So I would expect that your XH's obligation to support your child will actually go up some even with the addition of another child to his half of the mix. Keep in mind that you too have a young child with your DH so your child will pretty much offset any credit he will get for his new child and his CS will likely go up even more.

I hope this made some sense.

Good luck and best regards,

I would rather be hated for who I am, then loved for who I am not.

that the next child's mother doesn't get a court order for child support before you do or your child just might be the one getting less. If I understand correctly, you are not recieving court ordered support, you are recieving an agreed upon amount between you and the ex. This agreement may or may not hold any water in your jurisdiction, however, I would follow up on that asap by getting the support court ordered. Also, here in Georgia, you can file for child support pro se, go through child support enforcement, or hire an attorney. Check out what your options are in your state.

Yes, Austin. The weather is actually very nice now that summer is over. If you haven't been down here in a while it has really changed. My husband and I were both born and raised here so we don't plan on leaving anytime soon. Do you still watch the horns play? Number one in the nation!!! Saturday is going to be a tough game. Cheer for us.

I attended UT in the mid to late 80's on and off for a couple of years. I am not an Alum but I am a Texas Ex. I lived a little to close to 6th street to stay focused during my early to mid college career and ended up at SWT (Texas State San Macos), ACC and eventually back to Arizona where I first started college. I was on the 11yr plan but finally finished my Engineering degree after starting and selling a business. Mrs Rags is also spent time at UT during her undergrad and Grad career.

My parents are still in Austin so we get down about a half a dozen times a year +/- to visit them and my Baby Bro, my SIL and family (niece and two nephews).

Last week's four point win over OSU was a bit hairy but I think Mack can handle Tech.

I will be decked out in burnt orange as I am every weekend during football season.

I don't want to talk about the weather. It has been in the low 40's (wind chill in the high 20's) with cold rain up here for the past few days. My Dad has to rub it in about the hill country weather every time we talk.

Enjoy Royal Memorial Stadium this weekend. I miss being part of the 10,000 Texas Exs at every home game.

Best regards,

I don't know where you live but you should not have to pay an attorney. You should just be able to either go on-line or go to your cities child support services letter to get the package to fill out for child support. And do it ASAP. Most states do consider other children - at least the last 3 I have lived in and when another child is born it goes down about 10%. You don't want to get screwed if this other woman files for child support and they don't factor in your child. Sorry you are going through this - my ex is a real piece of work too - I'm finally collecting arrears of over $20K and my son is 22. It's pathetic.