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Does CS drop much when you have another child?

Flying.Purple.Step.Monster's picture

DH pays $550/mo for his 2 kids with BM. We have had our new child and I'm wondering if he needs to go have his child support reevaluated now that we have a child of our own?

Does it change much when the NCP has another child?

I'm in Missouri btw.

Comments

Flying.Purple.Step.Monster's picture

He has them EOWE + alternating holidays, alternating spring breaks and 2 weeks in the summer.

He probably wouldn't go for an adjustment anyway even if it would go down. But I was just curious and this site is a safe place to ask those kinds of questions. Smile

mommy0104's picture

DH's CS went up when we had BS10 LOL! BM got wind of my pregnancy, got mad, went back to court to have a "readjustment" and got her way. The judge's decision had nothing to do with me having BS10, it's just that it was time for a "readjustment" because DH had started making more money. It just pissed me off that BM only went back to court because she was mad that DH got someone else pregnant..her reasons were not for the best interest of her kids (my skids)..but to be spiteful and (as the words she used)"hit DH where it hurt"...lol..some BM's

mommy0104's picture

Yeah..the whole thing didn't make much sense..I guess they figured DH made enough to take care of a "new family" and his "first family" because it'd been a couple of years since they went to court and in DH's job he gets an almost 5% raise every year which increases his pay to a decent level (even though the cost of living goes up way more than 5% every year..well..it seems that way anyways lol). And unfortunately I live in a small backwards, crooked county where 90% of the family court judges are women who hate men or have seen so many deadbeats, that they try to punish all men. Since DH only has 18 more months of CS left to pay..I still worry once in a while that BM will pull some stunt to stick it to DH..I don't know what she can do..but I'll admit..with all these divorce, CS, and CO "games"...she's good...really good..and that is frightening lol.

mommy0104's picture

Illinois and the county I live in are stupid lol. From what I understand, when DH and BM got divorced, the CO stated (and they both agreed) that he would pay a certain percentage of his check for child support. However, it was not the percentage that the state usually enforces..it was less (I believe, if I did my research right, DH's CO stated that he was to pay 22% of his income for CS..the state percentage is either 25% or 28%..(for 2 or more kids)) So, when she took him back to court..the judge "threw out" the old agreement, and made him start paying the state mandated percentage. I think the judge hates my DH..it's a small town..every one knows everyone..and some of them cannot leave their personal feelings at home...it's like a big friggin unbelievable soap opera. But that was almost 11 years ago...today, the amount he pays doesn't seem to really affect our lives. I'm glad DH does what he is supposed to do (and yes, he'd still pay even if it wasn't court ordered)..but I can't help but be bitter towards BM for her reasoning as to why she decided to take DH back to court.

ally-bamagrl's picture

It depends on the income. However, they will usually take the child into consideration. We have 2 bios and SS9 comes for visitation. So DH pays CS. At last modification, they took both our bios into consideration since DH is the only provider currently. Instead of going up to $700+ a month his CS only went up by $8 (really pissed BM off).

AllySkoo's picture

Depends on how your state calculates CS. My state takes "expenses" into account (rent, utilities, and yes, other children) along with the net pay of both parents. So when we had our son, DH's child support could have been reduced - by a whopping $20/month. *shrug* Going back to court cost more than that, so we didn't bother.

Drac0's picture

Not in my experience. In our case the ONLY way CS would change is if the CO changes and the only way the CO will change is if SS wants to.

Our CO was drawn up when SS was 6. He is now 15 and still acts like a 6-year-old so there is no chance at that happening.

Now a CS paying parent *could* declare "undue hardship" but this is difficult to prove and usually only granted if the parent lost his/her job due to some debilitating circumstances.

Calypso1977's picture

the courts at least here in MA believe that the existing child should not be punished by a decrease in CS because a new child comes along. they make the reasonable argument that if you cant support the children you have, then you shouldnt have more. i woudl agree with that if CS werent so darn much in the first place.

nunya1983's picture

God you're lucky, dh pays $500 month for SD and he has her 50% of the time! BM was Eben taking about taking dh to court because her husband knocked her up. That was a big wtf moment in my life.

I think the new baby should be taken into consideration as dh now has to support 3 children, instead of the 2 he has taken care of with the current cs.

nunya1983's picture

Well in an intact home do children receive less good and a lesser standard of life? No. But the children do have to deal with money being split between the new baby and them.

nunya1983's picture

You're right, but that's why I worded it the way I did. What makes this baby (who is daddy's), any more special than that child (that is daddy's)? They both are dh's bio children, are we all aware of this? Just making sure that's clear as well.

Glassslipper's picture

Our state is a very 50/50 state. The state mandates child support % so that both homes are equal for the children.
The judge explained it by saying
"We don't want one house to be able to provide bikes and classes and vacations and the other home to not be able to, we don't want children whi don't want to be with mom or dad because they can't provide as well as the other home. we can regulate the income to be equal with child support, your choice of how you spend your money to provide for them is not something we can regulate, but the homes will have equal income"
Echo and I live in the same state.

nunya1983's picture

So if BM dosent have to work at all, then dh would have to give her HALF his pay check so that they can have equal living in both homes?

BM could literally lose her job because incompetence and dh would have to lose HALF of his pay check?

nunya1983's picture

That's what dh has to pay, and he has 50/50. BM also has a job, one that pays more than dh's, she pays no cs

Glassslipper's picture

Like Echo said, it's 25%, regardless if BM has a job. My BM threatened to quit her job so DH would have to pay more, doesn't work in my state!
It's called sherking CS and BMs 25% would be calculated based on the average income of someone in her perfession.
It's very cut and dry, black and white in our state.

Glassslipper's picture

No changes apply in my state.
2 kids is 25%, no exceptions, they don't care about you having more kids, your new spouses income, or any expenses you have.
But in my state 50/50 is standard and HARD to have the courts order anything but 50/50!
Both parents pay CS to the other, medical/dental insurance premiums are deducted from CS.
Examples:
If he makes 400.00 a month
If I make 100.00 a month,
I owe 25.00, he owes 100.00
Insurance premium is 10.00 a month
So he would pay me 65.00 a month.
They want to keep the standard of living at both houses so kid's have the same "lifestyle" at both homes.

kathc's picture

Where we are they don't lower CS for having more children. He can have 2 kids and be paying $1,000/mo and when he has 2 more kids, he's still paying $1,000/mo for the first 2. (Or, more likely, paying more because BM has gotten a readjustment for more money!)

I know someone who had a judge accuse him of starting a family with his new wife to try "getting out of paying CS for his first child". Um...no, he never tried to get out of paying CS. He, too, had a vindictive bitch of an ex who dragged him to court for more $$ when she found out his new wife was pregnant.

Snowflake's picture

We resided in a percentage state but like a couple of other people said in that state 50/50 is basically the rule. Now if one parent makes significantly more then cs is exchanged, but apparently only if you are a man. BM had dh paying even though she made twice as much and he had skids 50 %