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Is this true? re:CS

la79alla79al member
in Blended Families
So a friend of ours tonight said that his lawyer said his child support will go down about 25% when his second kid is born.  He has 1 kid with one woman and now his fiance is pregnant.  They plan on getting married and living together and all but supposedly if she files for child support for the baby, it will lower the amount he has to pay for the first one because CS can only be so much of his income or something like that.  I'm not going to try it or anything, it just sounds like BS to me.
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Re: Is this true? re:CS

  • new+tothisnew+tothis member
    It depends on your state. I just pulled up my state calculator and when I have this baby technically BDs child support obligation should increase for DS. I guess the theory is that another child adds to financial obligations? I don't know but I wouldn't ask for a change based on that. It seems like BS to me too. Why should BD have to pay more because I chose to have another baby?
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  • Ginlyn0Ginlyn0 member

    The answers will vary by state. For example, in my state when a NCP has another child they support in their home (doesn't matter if married or not) it can reduce % of CS obligation by 2-3% depending on the number of children supported by the CS order. However, you still have to have more than $100 monthly CS change before they do an adjustment in my state so most can not just go get an adjustment because they had a baby. If the CP has other children, it has no bearing on the CS order because the CP's income is not included in the CS calcuation at all nor is actual child expenses. It's a straight percent of the NCP's income by child.

    That said, say if DH and I were to divorce (just giving an example). He would owe me a certain percent based on 1 child and would owe BM a certain percent based on SKs. I believe the federal regulation is that no more than 50% of someone's check can be garnished for debt (not sure if net or gross income). DH would probably be just under the federal cap (based on the 2 different percentages) but after insurance costs he would most likely have very little income left because insurance would not count into the cap (from what I understand) and in our state NCP is responsible for insurance costs on top of CS.

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  • dmndsr4evadmndsr4eva member
    In my state if a man has kids with two women the amount he pays to the first woman is just removed from his available montly income.  So it reduces the amount paid to the second woman.  They do not take money away from the first child.
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  • HisChamaoleGirlHisChamaoleGirl member
    It varies by state. I know for DH and BMs state they basic guidelines are $50/per additional child with no documentation showing the newest child's expenses. If you can provide documentation they will consider adjusting CS.

    BFP #1 11/07/2012 EDD 07/09/2013 M/C 11/22/2012

    BFP #2 02/05/2013 EDD 09/19/2013 Arrived via c-section 09/27/2013

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  • NdsalesNdsales member
    Iowa doesnt care if you have a second child or not. I was told by the judge (I was with DH at our Child support review) that if we could not pay bills after DH's $1500/month CP on one child, I needed to get a better job.
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  • NdsalesNdsales member
    ND they can only take out 30% of gross income for all children. so, yes the amount would go down for C1, but C1 will still always get more than the rest
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  • HisChamaoleGirlHisChamaoleGirl member
    dmndsr4eva said:
    In my state if a man has kids with two women the amount he pays to the first woman is just removed from his available montly income.  So it reduces the amount paid to the second woman.  They do not take money away from the first child.
    Same here. And once the child support to the first child is no longer paid any additional child support can be modified to consider the income "change."

    BFP #1 11/07/2012 EDD 07/09/2013 M/C 11/22/2012

    BFP #2 02/05/2013 EDD 09/19/2013 Arrived via c-section 09/27/2013

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