Child Support - Perris,CA

Updated on March 13, 2013
H.R. asks from Camarillo, CA
4 answers

My ex-husband and I came up to an agreement with an attorney where he gave me 100% physical custody and we shared 50/50 of the legal rights. He just moved in with his girlfriend and they do have a 1 and a half year old son and another one on the way, now my question is can them having a baby and one on the way affect my child support amount which is set at $406 a month. Does is matter if she works too?

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More Answers

E.S.

answers from Asheville on

I think it depends on the state you live in. In TN, the children from the first marriage, if given child support, can not have their support lessened because of children that come later with someone else.
My lawyer used the following example:
A doctor left his wife of 15 years and paid $1000 per month for child support. He remarried, had a child and divorced. His income did not change during all this time. The child support for the child from the 2nd marriage was figured using his income MINUS the support he pays to the first wife. The second wife, got conciderably less in child support in relation to what the first kids get.

The girlfriends income does not count.
He can always petition the court for a reduction in support payment, but he would have to show that he is making less money, not that he has more kids.

BTW: Most lawyers will answer a few questions for free and you can always contact your lawyer from your divorce. Also, legal aid can help.

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F.C.

answers from Tampa on

Her job has nothing to do with his support agreement and from what I understand the total number of children can affect the amount paid to you, but on this I may be wrong. you will need to speak to an attorney

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J.W.

answers from Los Angeles on

From what I recall when going through this with a friend...
I believe your support was set up according to his income level and ability to pay comfortably (without leaving him penniless of course). His income is the only that is considered because he is the parent. It is not a "household income" consideration as that would be unfair to any new spouse. In addition the only way to reduce or alter any support that has been filed through the courts there would have to be a request to modify this amount. That in itself would not necessarily mean that it would be (on either side...one day you may feel he is earning more and you may need more assistance) granted but I know of a few friends that had theirs modified when financial strains made it difficult to stay current with the ordered amount. It still costs money and time to do this so it is not something that is likely to happen to you unless he feels that there is a true need.

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C.B.

answers from San Francisco on

It can affect your child support. If he goes back to court and says that with the other two kids, he can't pay that amount of support, he may get a reduction.

My DD has NEVER gotten a penney of child support. The father did not work for mannnyyyy years. Then, he had more kids with another woman and eventually got a job. Well, because he has these other children that he lives with, DD STILL gets no child support because when they run the numbers allowing for the other children, there is nothing left to give DD.

Personally, I think they should have to support them in the order they were born.

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