DH asked me this last night (idk why he asks me this stuff lol). We are expecting our first child in July and currently he pays CS to his daughter's BM's mother, who has shared custody. I am just curious if when you had a new birth if that does impact previous CS orders or if it is completely separate? Thanks all!
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Check your state laws. In Nevada (where we live) our daughter was figured in, and our amount to pay went down. that and Dh was making significantly less than he was at the time the co was originally drawn up. He just agreed to pay a magic number they pulled out of the sky, it was never calculated.
In Texas it does but we didn't persue it when DD was born because we make enough money to cover both CS and DD's expenses.
Now should there be (God forbid) a major, life alterning event like DH losing his job and being out of work for a long time then we might persue the reduction but honestly, right now it's fine.
It is completely dependent on your state. In KS the nonresidential parent cannot request that a new child factor into an existing court order, however, if the residential parent asks for an increase/modification, it would be taken into consideration at that time.
Ok thanks everyone. We live in PA does anyone know where we could look that info up or what the law is for that state? We currently don't have a problem paying it, it is just something we wanted to be clear on so we can be covered.
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This is a quote I found from that link (thanks Erin!):
1. Adjustment for Subsequent-born or
Adopted Child(ren) (Line 1A of Worksheet).In determining a
support order, there should be an adjustment to Weekly Gross Income of parents
who have a legal duty or court order to support children who were naturally
born or legally adopted subsequent to the existing support order and that
parent is actually meeting or paying that obligation.
Can someone translate the legalese for me please? Maybe I'm just out of it, but I am not sure what that means as far as if we can get it adjusted or not. Lol.
Yes indiana takes prior born and subsuquent born children into account for both the custodial and non-custodial parents. Google indiana child support calculator and it will take you to the state's online calcualator which walks you through step by step.
I live in PA and the birth of a new child has no bearing on the Child support order.
No matter how many children are born - the original child support order will no take them into consideration.
According to the state - you knew of the financial obligation prior to having the child, therefore no change is necessary.
People can go back and forth on the fairness of it - but either way, it is not going to change.
Ok that is exactly what we were trying to find out, thank you for the info. BM's family runs to Domestic Relations for everything and anything trying to get more money so if we actually had an upper hand for once it would've been nice lol. Oh well.
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I live in PA and the birth of a new child has no bearing on the Child support order.
No matter how many children are born - the original child support order will no take them into consideration.
According to the state - you knew of the financial obligation prior to having the child, therefore no change is necessary.
People can go back and forth on the fairness of it - but either way, it is not going to change.
Ok that is exactly what we were trying to find out, thank you for the info. BM's family runs to Domestic Relations for everything and anything trying to get more money so if we actually had an upper hand for once it would've been nice lol. Oh well.
BM is the same in our case - we are literally in court for custody or support at least 2x a year. But they do not take my DD into consideration. They have her listed on the paperwork but we get no credit for her.
Also you lose a little credit if you pay for medical insurance. They used to divide what I pay for medical by 3, but once DD was born they started diving by 4 - but it doesn't make much of a difference.
I figured up in our case, the savings will only be $10/wk. I'm not sure the courts will modify support unless it is a 20% difference.
This is the case in our state (IA) as well. Other children ARE taken into consideration, but it is not a significant enough change to get the order modified on that alone.
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Re: Does the birth of a new child impact previous CS orders
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In Texas it does but we didn't persue it when DD was born because we make enough money to cover both CS and DD's expenses.
Now should there be (God forbid) a major, life alterning event like DH losing his job and being out of work for a long time then we might persue the reduction but honestly, right now it's fine.
I found it under the OCSE website for our state. There was a billion pages to go through, but I eventually found it, lol. I just googled.
https://www.in.gov/judiciary/rules/child_support/#g3
This is a quote I found from that link (thanks Erin!):
1. Adjustment for Subsequent-born or Adopted Child(ren) (Line 1A of Worksheet). In determining a support order, there should be an adjustment to Weekly Gross Income of parents who have a legal duty or court order to support children who were naturally born or legally adopted subsequent to the existing support order and that parent is actually meeting or paying that obligation.
Can someone translate the legalese for me please? Maybe I'm just out of it, but I am not sure what that means as far as if we can get it adjusted or not. Lol.
Shorty,
Yes indiana takes prior born and subsuquent born children into account for both the custodial and non-custodial parents. Google indiana child support calculator and it will take you to the state's online calcualator which walks you through step by step.
Indiana's CS calculator https://mycourts.in.gov/csc/parents/
I figured up in our case, the savings will only be $10/wk. I'm not sure the courts will modify support unless it is a 20% difference.
I live in PA and the birth of a new child has no bearing on the Child support order.
No matter how many children are born - the original child support order will no take them into consideration.
According to the state - you knew of the financial obligation prior to having the child, therefore no change is necessary.
People can go back and forth on the fairness of it - but either way, it is not going to change.
Ok that is exactly what we were trying to find out, thank you for the info. BM's family runs to Domestic Relations for everything and anything trying to get more money so if we actually had an upper hand for once it would've been nice lol. Oh well.
BM is the same in our case - we are literally in court for custody or support at least 2x a year. But they do not take my DD into consideration. They have her listed on the paperwork but we get no credit for her.
Also you lose a little credit if you pay for medical insurance. They used to divide what I pay for medical by 3, but once DD was born they started diving by 4 - but it doesn't make much of a difference.
Good Luck!