Child support--anyone know?

[torinsmom]

I have a DS15, for whom ex pays child support through the state. He remarried a few years ago, and left that wife when she was pregnant with his DD1. She just went to court to get him to pay CS, since he had paid nada since the baby was born. She was awarded CS yesterday.

Question is this--will my ex's obligation to pay for his DD lower my CS for DS? He is only paying $225 for DS, same as he has paid since we divorce when DS was 4. If things are changing, I need to plan for that as well.

We all live in NC, if that makes a difference.

Marsha

 

[Lisa loves Pooh]

I don't think it should unless he were to demonstrate hardship. But it isn't like your costs suddenly go down just b/c he had a baby in another relationship.

I'd be prepared though to state your case so that the court doesn't get too "baby friendly" and decide that the baby is more important than your son.

 

[Inigo]

You're first in line for child support until child support ends for your son as determined by your state laws and/or your child support agreement. If he is ordered to pay CS until your son finishes college, then he pays until then and his child from his second wife gets her share from what's left after your son gets his share.

They figure out who gets first dibs on his income based on which child's custodial parent files for CS first.

Let's say he gets $1000 a month income (to make it simple). He gets ordered to pay 30% (just a figure I'm pulling out of air) toward child support for each child. So for your son CS would 30% of 1000, or $300 monthly.

For the second child, they subtract how much he has already been ordered to pay for child support before they figure out how much the child from the second order would get. They would say he has $700 monthly income left, and it he was ordered to pay 30% of his income, that child would get $210 a month.

Once he is able to stop CS on your son, whenever that is (end of college, end of HS, age 18, whatever) then the CP of his second child could ask to have CS recalculated since there is no longer $$ going to his oldest child.

Have you never filed to change CS all these years? If his income has changed, it's possible the CS would have gone up. It really depends if the state where the order was entered is a "non-custodial parent income only" state, or if it is a "shared income/both parents income considered" state. If it's a both parents income considered, it depends upon how your income may have changed all these years. I don't know how NC figures it out.

Google North Carolina child support calculator to find the official state site that lets you calculate the figures. Even if you file to have CS modified after it has been ordered for his daughter, your son still comes first. He had the obligation to his son before he had any obligation to the daughter.

 

[torinsmom]

I haven't filed all these years, because since our divorce, I have more than doubled my income. He is in the same job, so I doubt his has doubled. In NC, they don't take a certain percentage of a man's income; it is a formula based on both incomes.

I imagine support will stop at 18, although I would love it to go through college. We don't have any agreement about who pays for college, so like braces, that will probably be on me.

Marsha

 

[Inigo]

I haven't filed all these years, because since our divorce, I have more than doubled my income. He is in the same job, so I doubt his has doubled. In NC, they don't take a certain percentage of a man's income; it is a formula based on both incomes.

I imagine support will stop at 18, although I would love it to go through college. We don't have any agreement about who pays for college, so like braces, that will probably be on me.

Marsha

Since it's a shared income state, the CS probably would NOT have gone down then, if your income changed so much. Since you haven't filed to change support, your son's amount shouldn't change unless your ex files to reduce how much he pays. He probably won't, since he hasn't in all these years.

So your child support says nothing about how long it lasts? Then it might be until age 18, or until HS graduation. Time to pull out those papers to check, just to be prepared.

(Here in IN, divorced parents can be ordered to pay for their children's college. Since DH and I are married, we've told our kids we aren't required to pay. They want our $$, they have to keep the grades up.)

 

[C.Ann]

Since it's a shared income state, the CS probably would NOT have gone down then, if your income changed so much. Since you haven't filed to change support, your son's amount shouldn't change unless your ex files to reduce how much he pays. He probably won't, since he hasn't in all these years.

So your child support says nothing about how long it lasts? Then it might be until age 18, or until HS graduation. Time to pull out those papers to check, just to be prepared.

(Here in IN, divorced parents can be ordered to pay for their children's college. Since DH and I are married, we've told our kids we aren't required to pay. They want our $$, they have to keep the grades up.)

This - and the prior post by Inigo - sounds like the most likely scenario.. I imagine you could call the Child Support Division in your state and they might be able to answer your question for sure.. Good luck..

 

[jillyb]

Marsha, I'm in NC too. My DH pays CS for his DD from his first marriage. He also has a son with another woman (prior to meeting me). When the BM of his son took him to court for CS he had to provide his prior CS order for his DD. They took that into consideration when determining his CS obligation for his son. His prior CS obligation takes precedence over the secondary child/CS obligation. Ironically, the CS he pays for his son is higher than what he pays for his DD.

He was paying an amount outside of the guidelines for his DD. In 2001 he got laid off and was collecting unemployment. He was trying to continue to pay the court ordered amount but he got behind. His Ex decided to be a witch about it and he filed for a modification based on a change of circumstances. When the Ex realized she'd probably end up getting less she tried to talk him out of it. He refused and the Judge did lower his CS. When he went to court for CS for his son he had a job so they based that amount on his wages from his job. That's been 7 or 8 years ago and, for some reason, even though she could, the Ex hasn't taken him back to court for modification. He does pay for things for his DD outside of what he has to pay for CS so I guess she figures that evens it out.

 

[torinsmom]

Well, the mom of his 1 year old was supposed to get $580 a month, but she agreed to $400 instead(I don't know why because he sure isn't going to show any appreciation for that). He is only paying $225 for my DS. When we went to court when DS was 4, I was working from home(keeping other kids and doing a paper route several nights a week) so there were no childcare expenses. Child care is an issue with the 1 year old.

I'd rather not rock the boat and ask for a modification, since we get along fairly well. Ex seems to think anything anyone does is against him. He is mad at the new ex for filing for CS, because he didn't think he should pay.

Marsha

 

[kellyg403]

I don't have anything to add but I can tell you my brother (we live in NC) has been paying c/s for my nephew who lives in Washington State for several years. He remarried and now has 3 children. When his ex took him back to court for modification he was given a credit of some nature for his new children that lowered the initial c/s. Now, I think the order/judgement came down through Washington State and not NC.

I know how you feel about not rocking the boat etc. I always think this is the time I am going back for the right c/s. But, everytime the discussion comes up the ex and I end up back to square one in terms of a relationship. I don't want to do that to the kids. We just discuss it and things goes south I could only imagine what would happen if I actually DID it!

Kelly

 

[jillyb]

I don't have anything to add but I can tell you my brother (we live in NC) has been paying c/s for my nephew who lives in Washington State for several years. He remarried and now has 3 children. When his ex took him back to court for modification he was given a credit of some nature for his new children that lowered the initial c/s. Now, I think the order/judgement came down through Washington State and not NC.

I know how you feel about not rocking the boat etc. I always think this is the time I am going back for the right c/s. But, everytime the discussion comes up the ex and I end up back to square one in terms of a relationship. I don't want to do that to the kids. We just discuss it and things goes south I could only imagine what would happen if I actually DID it!

Kelly

They do the same thing in NC.

Torin: I have an older DD who has a 5 y/o DD. They were never married. When they split up my older DD filed for CS. He pretty much has the same attitude as your Ex.

Even though I'm on the other side of the coin, I understand completely about not wanting to rock the boat. I hate constantly worrying and waiting for the other shoe to drop.

 

[pilesoflaundry]

It depends on the state. In your case it just might because your income is higher now and he has another obligation. I'm just basing that off what you said about equal income state.

Back home, the second, third etc. child doesn't affect the first child. The judge will tell you if you can't afford the first obligation, don't have more. Last I heard they aren't an equal inocome state either but things may have changed over the years.

 

[claudia]

I have a DS15, for whom ex pays child support through the state. He remarried a few years ago, and left that wife when she was pregnant with his DD1. She just went to court to get him to pay CS, since he had paid nada since the baby was born. She was awarded CS yesterday.

Question is this--will my ex's obligation to pay for his DD lower my CS for DS? He is only paying $225 for DS, same as he has paid since we divorce when DS was 4. If things are changing, I need to plan for that as well.

We all live in NC, if that makes a difference.

Marsha

thought this link may be helpful: http://www.rosen.com/childcalculator/