How does child support work when non custodial has more bio kids?
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When I first met DH he had to pay $750 a month child support with 50/50 custody. We have since got custody of SS but he wants to go live with his bio mom. BM doesn't work and she is a crazy woman but we think the court may let him choose to go with her since she has gotten off drugs amd whatnot since out last court hearing 3 years ago. We have since added 3 kids to our family (DH and my bio children) and I am just curious if courts lets him go with her if child support would be less because we have other children to support now.
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Sadly, this is true...only
Sadly, this is true...only the CP is allowed to lower the standard of living of a child by continuing to have kids...not the NCP...
I agree with foxie. You can
I agree with foxie. You can also get paperwork to get it reduced.
What state do you live in?
What state do you live in? Some states have formulas that account for other children and some states do not.
Since your husband has custody now, his ex must be making child support payments to him right? Both divorced parents should be responsible for financially supporting the child. Despite what a previous poster has written, it sounds like it's the ex wife/Bio Mom that needs to get the job. She probably owes your husband years of back CS.
When the federal government gave guidelines to the states for states to develop child support formulas the guidelines stated that all children have equal right to their parent's income. You and your husband's children most certainly SHOULD factor in. However not every state sees it that way.
^^^ Check your state laws.
^^^ Check your state laws. Some do, some don't. Mine does, so it will factor for us.
And for goodness sakes I hope she owes you a crapload of back-CS because she's the one who's been sitting on her butt all this time not supporting her child.
Well that's the thing. We
Well that's the thing. We live overseas in Japan right now. Our other 3 kids are DH bio children as well not just mine. Our current court stuff and custody order is in California but the BM has since moved to Washington state. Would it go by California law or Washington state law? For the record I do not plan on having to pay less I was just wondering what we should be prepared to pay.
If you are overseas why are
If you are overseas why are you worried about her taking your husband to court? Are you military? If so, go to the legal office and get the SCRA pamphlet and read it, and re read it until you understand it all.
Also she was ordered to pay
Also she was ordered to pay $32 (yes thirty two dollars) a month in child support and she has not paid once in 3 years.
$32 a month That is
$32 a month :jawdrop: That is freaking ridiculous. The court system is so messed up. :sick:
As far as jurisdiction, for custody changes - a state would need to have jurisdiction to rule on that issue. If you are overseas this is tricky obviously. Was California the last state you resided before moving to Japan? If so, it most likely will be CA. I don't think ex will have much luck initiating the case in Washington if your SS has never resided there.
I personally think the first few responses you received on your question were harsh. You have every right to hope that the needs of your bio children are weighed by the courts. California will consider your children in their CS calculation.
Good Luck!
Holy canoli! I thought
Holy canoli! I thought Louisiana had crap Cs awards. OSD was awarded $69 a month for 2 kids. The Spermidiot was likewise behind.
We are worried because DH has
We are worried because DH has been deploying 9 months out of the year and SS is in my care 100% of the time. We are worried that the court will see that as SS needing to be with his bio mom.
That's good to know. I am not
That's good to know. I am not a "new" wife (we have been together for most SS life) but sometimes it worries me because I feel like I have no rights. I just mostly want to prepare myself mentally and financially incase it does happen. Ugh! I hate this shit!
I was given temp custody of
I was given temp custody of my stepkids while my husband was deployed and he was gone 15 months (his longest deployment).
Actually, I agree with San
Actually, I agree with San Antonio Soccer Mom. You might be able to postpone any legal actions until you return to the States under the Service members Civil Relief Act.
I'd be filing contempts on
I'd be filing contempts on the deadbeat mom and asking for back CS.
How old is the kid?
my SD's mom popped out 3 more
my SD's mom popped out 3 more kids and refused to work part time to make support payments. court wouldnt touch her due to the other three kids but tacked on an additional 150$ every month of non payment. She now owes 33,600$ and gave up custody of all 4 kids. She moved down to mississippi and she's working so part time she cant even make a full payment, we were told we got first money b/c SD was first born in first family, but its only about half the payment a month and we were told tough tooties- you get what you get! it really really stinks! in your case- get a lawyer sounds like there may be leeway or lowering of support. They always told Magic mom (BM) if she made an effort to work they'd lower support for the other 3 she popped out but she never made the effort so they never lowered it for her. so sorry
I'd fight to keep him.
Let's move away from the
Let's move away from the financials for a moment and discuss your SS.
You said he wants to move in with her. How often has Ss seen his mother? What the longest time that he has been with her?
One of the problems with limited time is setting the OP up to be "the forbidden fruit." You and family is being compared not to Ss life with mom, but with Ss fantasy of life with mom.
Given your situation, the kid basically has a choice to make because he can't live with both parents.
How old is he?