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How does a judge do a second cs order if one already ecxist??

prettyinpink's picture

Submitted by prettyinpink on Fri, 05/24/2013 - 10:00pm

Just wondering.. if DH and I were to get a divorce how will the judge determine how much to give me for cs if he already pays cs for his daughter? Will they leave her amount n just calculate one for me or will they re calculate his ecxisting cs?

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ritchierich's picture

Submitted by ritchierich on Sat, 05/25/2013 - 9:40am

In some states it depends on who files first. That is how it is in my state. The first to file gets the higher percentage then on down the line. There is a credit given for previous CO.

Lalena75's picture

Submitted by Lalena75 on Sat, 05/25/2013 - 12:22am

I know my state calculates cs for future children with a different spouse based on whats left after cs. My cousin has her stbexh 6th child 6 different baby mommas (I tried to warn her) she gets 20% of his check AFTER all the other cs is taken out and he's currently hundreds of thousands behind in cs and still capable of making babies! So 20% of nothing is.... oh yeah nothing!

Tired_of_Waiting's picture

Submitted by Tired_of_Waiting on Sat, 05/25/2013 - 1:46pm

I've been a lurker for a few years now, but as this is a subject that I can advise on, I've decided this will be my first posting.

Regarding the OP's question:

They will leave her amount as is if it is actually a court order. In my state there are 2 types of orders that establish a child support obligation (court order and administrative order). On your order he would get a deviation for his previous child, which in turn means you would get less (unless you have more kids together than he had in his first marriage, then it may be possible for you to get more).

Determining the amount of CS in my state depends on the total number of children the NCP has, how old the children are (age brackets), the total amount of income in the family unit, and the percentage of the total family unit income that the NCP brings in (basically, if he makes more, he's more financially responsible for the children than you are and will most likely have to pay more of the basic support obligation).

There are many ways for this to play out, and as mentioned before, the first wives benefit more financially because they often have a court order which the state cannot modify as they can an administrative order. Most men will not take the time to go back to court to get their CS modified to a lower amount (even though they should because they have more kids) because they think they cant, they think the judge will say no, etc. Thats on them for not trying.

As for my knowledge on this subject:

I work for the child support agency in my state over here in the northwest. I am one of the people who everyone hates, because I get to make/enforce orders and send collection actions to employers. I am here because I am a stb SM and figure I can give you guys what knowledge I have for all the help I've gotten through my lurking. And if anyone has questions about their CS, I'm here to help. Please remember that everything regarding CS is situational, so no 2 situations are alike.

prettyinpink's picture

Submitted by prettyinpink on Sun, 05/26/2013 - 10:49am

We have 3 kids ranging fr new born to 9, he only has one kid fr a previous relationship n she is 13 she obviously needs less than I do for ex if we get a divorce I would have to wk n their for would need a sitter n I have diapers n formula to buy.. will they take that into considerstion? I mean a 13 can basicaly take care of her self.. I really would hate to have my kids once again get the short end of the stick! :jawdrop:

katietome's picture

Submitted by katietome on Sun, 05/26/2013 - 12:34pm

Oh, now see this is different.

Teenagers are MORE expensive than small children (not counting daycare or diapers/formula).

IN many states (mine included) CS goes UP when the kid hits 12. But, then daycare (if applicable) is eliminated.

In your case you need to look at percentages NOT dollar amount.

Your SD is --most likely-- going to continue to get the same X%.

You are going to get a different percentage based on the formula your state used. The state I live in doesn't give a specific formula, it is actually based on a ton of factors. Whereas my nephew's CS order is from a different state where it is child to percentage based.

So going back to my example. Again, random numbers.

$1000 monthly income.
CS order #1 for 10%, $100.
Income now $900.
CS order #2 for 3 children at let's say 20% (remember, this is totally BS numbers Google your state and figure out the actual numbers there), $180.
PLUS, you also ask for 1/2 of Daycare. It isn't nice, but daycare is NOT cheap!!

Good luck,
Kate

Tired_of_Waiting's picture

Submitted by Tired_of_Waiting on Sun, 05/26/2013 - 1:35pm

What state are you in, if you don't mind me asking? You can PM me if you don't feel comfortable putting that information out there. A correct answer to your question, most certainly, depends on what state you live in. I can do some quick research for you, as CS language can be a bit tricky and hard to understand.

katietome's picture

Submitted by katietome on Sat, 05/25/2013 - 3:42pm

As others have said it all depends on your state AND the state where the CS order already existing is from.

For example:
Dad makes $1000 a month.
The first CS order is for 10% of income, $100.
Income is now counted as $900.
2nd CS order is issued for 10% of income, $90.

Hope that makes sense.

Kate