Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Stepmom Central Stepmom Central

Child support

Posted by on Apr. 17, 2014 at 12:48 PM
  • 23 Replies

Obviously not my situation but something posted on my military wives forums


My husband has a prior son from his first marriage. Now we have a child and are married. He pays child support every month. He is a certain rank in the Army. If he ranks up does that mean he has to pay more
In child support? I mean I wouldn't call it fair really if he has two kids. He provides for his first one and now he has one with me so shouldn't that not be allowed for child support to raise?


There is also a raging debate as to wether or not "extra pay" should be included in CS. Some states do consider it some do not. here are some opinions



ETA: OP did not state whether the state counted subsquent kids. So I don't know if her child is counted or not.



***Briterican***


by on Apr. 17, 2014 at 12:48 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
chasinrainbows
by Gold Member on Apr. 17, 2014 at 12:54 PM
Raises do usually mean more child support but a lot of states...like mine...consider more children as well.
leegirl_jm
by Ruby Member on Apr. 17, 2014 at 12:54 PM

If CS is calculated on NCP income only and reduction in income causes a reduction in CS then an increase in income should result in an increase in CS. It is just a percentage of the increase that would go to the first child about 80% of the increase is left with the NCP.

pdxmum
by Ruby Member on Apr. 17, 2014 at 12:55 PM

Oh please.  CS will go up but the increase will still be shared by both kids.  It isn't like 100% of the increase goes to CS.

I wasn't "oh pleasing" you.

CS should be based upon an average annual income over a period of time IMO.  So yes, extra pay would be counted, but again, not as a 100% increase to CS.

SassyMom25
by Gold Member on Apr. 17, 2014 at 12:56 PM
1 mom liked this

Honestly, if she didn't want to share the $$ her DH makes...she shouldn't have married a man with a kid already.

I don't think 'extra pay' should be included simply because of the paperwork involved in doing that. They have enough to do with adding that...unless the pay is something that happens regularly.

Leigh84
by Silver Member on Apr. 17, 2014 at 1:02 PM
If his income goes up then cs should go up. Where I live subsequent children are included in the formula as well.
soonergirl980
by Gold Member on Apr. 17, 2014 at 1:03 PM

The extra pay that they are mostly considering is BAH which is something every service member with dependents recieves monthly for housing on top of their base pay. Its based on rank and location example my dh gets 1635 dollars a month outside regular pay for ours for his rank and our location. Other reg pays are BAS which I think is never considered because that is soley to provide food for the service member it's like 307 a month I think but can and is taken away for things like being in training for a month or prorated for being in the field for 2 weeks. There is also things like jump pay or things of that nature that can be pretty regular depending on their job.

Quoting SassyMom25:

Honestly, if she didn't want to share the $$ her DH makes...she shouldn't have married a man with a kid already.

I don't think 'extra pay' should be included simply because of the paperwork involved in doing that. They have enough to do with adding that...unless the pay is something that happens regularly.


***Briterican***


Special3kids
by Member on Apr. 17, 2014 at 1:31 PM
Ok, I had to laugh at this. I was in the military and saw many guys divorcing their wives so they can marry a younger woman. I talked to one woman who just married a divorce AF officer, and she admitted that she only married him for money and stability. And she was down right angry for him paying cs for his 4 kids. Lol, I think people need to think more before they marry... especially marrying someone who has kids
jules2boys
by Gold Member on Apr. 17, 2014 at 1:50 PM

If this is a rank increase, then I think it should be included in reevaluating CS, but, like others pointed out, the CS won't increase by the entire rank increase amount, only a percentage of that, just as the original CS was based on a percentage of his pay/salary, not 100% of it.  :)

However, Sooner, I have a question (or of anyone else who has military background).  This has NOTHING to do with my situation, I'm just curious how this works or may work. 

When my bro was in Afghanistan, I know his pay was increased... hazard pay or something (there is probably a more military term for it that I don't know).  Is that ever included in CS calculations when the BP is in a combat area/country and they receive this while they're gone, but it is taken away once they return?  I don't think it 'should' be included, or that would be a lot of time/paperwork invovled to increase/reduce CS each time the BP was sent overseas/combat areas, but I didn't know how it was actually handled. 

Again, just curious, I've got nothing riding on this but I remembered that my brother received the higher pay while he was there so it made me wonder.  :) 

singlemom416
by Member on Apr. 17, 2014 at 2:20 PM

Bm would have to get cs reassessed. How is she going to know if he is making more? My dh ranked up,bm only found out because we told her. Bm never went back to court to get cs raised. She will find out when it's time to get a new id for the child so I would just tell her. If she wants more vs she has to all the work to get. Hazard pay is not added into to cs since it is not a stable pay. My dh did 2 deployments with hazard pay and bm was not entitled to any of it. Bah is for the military member and his family living with him. My dh bah was not used to calculate cs.

ramita
by Silver Member on Apr. 17, 2014 at 2:21 PM
If his income increases then yes his child support obligation increases. As for the BAH and the BAS, I have no clue. I would think it would depend on if it was already included in the child support order then yes there would/could be used. If not then I don't think they would touch it. I've only ever heard of the BAH being used when they divorced while he was already in the military, not saying that's the only time just the only time I've had knowledge of.
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)