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Question about CS and new baby...

Posted by on Dec. 12, 2012 at 4:43 PM
  • 67 Replies
My SO and I just had a baby girl Nov 2nd he has a child with a previous girlfriend and is paying CS. They live in Tx. How do we go about letting the courts know that he is now supporting another child?

We can support our daughter but again we pay over 500 a month and she only gets 260 of it. They refuse to allow us to put him on SOs insurance. For some reason. And why we have to support her other kids I don't understand. We are going back to court soon anyhow because of BM refusing to allow SO speak with his son or see him. She said that since he has a new family that SS does need SO but yet if he didn't need SO then why are we paying support.

Every month we get calls about the CS. We pay it on time but they don't put it on her card until later. She calls us the 2nd each month asking where it is...

Sorry this kinda turned into a vent post.
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by on Dec. 12, 2012 at 4:43 PM
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Replies (1-10):
pepper504
by Platinum Member on Dec. 12, 2012 at 4:52 PM
1 mom liked this

IMO, it does not matter.  Nothing is going to change unless there is a modification in CS, i.e. someone files a motion to have it raised or someone files a motion to have it reduced.  Just because he has another child, the first one should not be penalized. 

adamsmom0116
by Member on Dec. 12, 2012 at 4:57 PM

You will have to file a CS modification with the court. Your lawyer will know the details of what needs done.

JustFox
by Member on Dec. 12, 2012 at 4:58 PM
So we have to file a modification. So that our daughter gets the same as her brother... We are trying to take away from his son but his mother.. she's called us 4-5 times a month to get money for stuff the 517 a month we send when He asks where the moneys gone, she tells him honestly it went to me I deserve it.


Quoting pepper504:

IMO, it does not matter.  Nothing is going to change unless there is a modification in CS, i.e. someone files a motion to have it raised or someone files a motion to have it reduced.  Just because he has another child, the first one should not be penalized. 


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Tinkerbellmama
by Platinum Member on Dec. 12, 2012 at 5:09 PM

You'll have to look up the laws in Texas. Not all states allow for a modification just because the parenting paying support has a new child.

rebeccasmly
by on Dec. 12, 2012 at 5:10 PM

You only need to notify the courts if you're planning on asking the courts to reduce the amount of CS. As a warning though, it doesn't always lower CS. BM thought that would be the case but found out she would be ordered to pay a minimum of $100 more.

pepper504
by Platinum Member on Dec. 12, 2012 at 5:13 PM
1 mom liked this

Well, what she spends the COed amount of CS is all on her.  As long as he is paying it, it does not matter.  If she is spending it on herself, the ONLY person that she is hurting is their child, not you all.

With regards to your daughter getting the same as his son, that is not going to happen.  There will not be a huge break in CS should you file for a modification.  In fact, it may not be factored into it.  If you two could not afford to have another child, you should not have had her.  Not trying to be mean, but that is what the court will say and you both should be ready to answer that question.  They will not see that the first child should suffer because its father chose to have another child. 

Quoting JustFox:

So we have to file a modification. So that our daughter gets the same as her brother... We are trying to take away from his son but his mother.. she's called us 4-5 times a month to get money for stuff the 517 a month we send when He asks where the moneys gone, she tells him honestly it went to me I deserve it.


Quoting pepper504:

IMO, it does not matter.  Nothing is going to change unless there is a modification in CS, i.e. someone files a motion to have it raised or someone files a motion to have it reduced.  Just because he has another child, the first one should not be penalized. 



JustFox
by Member on Dec. 12, 2012 at 5:14 PM
They said it can be filed in case of lost job or change in number of kids you are supporting (biologically only)... They say the use a different formula.


Quoting Tinkerbellmama:

You'll have to look up the laws in Texas. Not all states allow for a modification just because the parenting paying support has a new child.


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WifeyC
by Platinum Member on Dec. 12, 2012 at 5:22 PM
1 mom liked this
Having a child isn't reason to adjust CS. If there is an evaluation then he will get a very small credit. Not even worth it. What if BM has triplets? Can she run to court and say he needs to pay more?
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needsupport100
by on Dec. 12, 2012 at 5:30 PM
1 mom liked this

so you're willing to drop 1500+ on an attorney to POSSIBLY save 50.00 a month? or less

saywhat2102
by Gold Member on Dec. 12, 2012 at 5:31 PM
I'm only for a mod if you loose your job. Its not bio-moms problem if he has more kids. As far as her calling wanting more money he needs to simply say no if he doesn't want to. As far as what she does with the money its on her. She has to sleep with that at night...nothing anyone can do about that.
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