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Child support question

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My ex had a child with another girl and they have recently split up. He told me today that she is filing for child support. So my question is does anyone know how this will affect the child support that I receive from him? I only get $450 a month for 3 kids as it is, and half the time he does not even pay that. Has anyone else had to deal with this? Does anyone have any idea how much they will lower the amount that I get for my kids? Will I have to go back to the attorney generals office and do the whole process over again? Oh and when I first filed for child support his other kid was already born so they did take that into account when figuring the amount he owed me.

by on Feb. 5, 2013 at 11:18 AM
Replies (11-20):
gcstar42
by Member on Feb. 5, 2013 at 12:05 PM

I am actually in Texas. When I first filed he was still with the other girl so he was not paying child support for their child but he did tell them about the child and they took that into consideration when figuring the amount he would pay to me. Also he is no longer at the same job and may be starting a new job soon with lower pay, so I am not sure how that will work either?


Quoting DDDaysh:

 What state are you in? 

In Texas a new child can impact the CS of current children if he files for a modification, but if he already claimed that child when CS was first set, it has already been taken into account.  The last time we set our order, my ex got credit for both his other kids even though he doesn't pay CS for either of them. 


 

gcstar42
by Member on Feb. 5, 2013 at 12:09 PM

 Okay thank you.


Quoting Stephd710:

Each state has a different percentage they go by.  For example, here in MO, his income would have to be at least 20% less than when the original order was placed, for him to ask for a reduction. If it is that much less, then yes, he can ask for one and they will review yours and his income and expenses again.  

 

Quoting gcstar42:

 Okay that is good to know also. That raises another question though. What happens if he asks to get the amount changed? He is not working at the same job as he was when I filed. Actually he is not working at all right now, but thinks he may be hired somewhere soon. However, I am not sure if he will be making as much as he did at his last job.

 

Quoting Stephd710:

They wont lower your amount.  However, if you go back to try and get more in the future, this may affect your chances. 

 

 

 

 


 

DDDaysh
by Silver Member on Feb. 5, 2013 at 12:13 PM

 If the child was already counted, your percentage won't change.  A child outside the order is a child outside the order, no matter who that child is with and whether or not CS is being paid. 

The new job might matter however.  Basically if it's been more than 3 years or the amount he would be ordered to pay would change more than $100, he can ask for a review.  (Or, you could ask for a review too if you think it might go up.) 

Quoting gcstar42:

I am actually in Texas. When I first filed he was still with the other girl so he was not paying child support for their child but he did tell them about the child and they took that into consideration when figuring the amount he would pay to me. Also he is no longer at the same job and may be starting a new job soon with lower pay, so I am not sure how that will work either?

 

Quoting DDDaysh:

 What state are you in? 

In Texas a new child can impact the CS of current children if he files for a modification, but if he already claimed that child when CS was first set, it has already been taken into account.  The last time we set our order, my ex got credit for both his other kids even though he doesn't pay CS for either of them. 

 

 

 

conniejo75
by Bronze Member on Feb. 5, 2013 at 12:14 PM
It depends on ur state. If you both go through state child support enforcement they may split payments between both of you. If he asks for an adjustment it can be factored in.
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gcstar42
by Member on Feb. 5, 2013 at 12:29 PM

 Okay thank you very much.I will obviously be calling the child support office, but I just wanted to get some ideas of what to expect.


Quoting DDDaysh:

 If the child was already counted, your percentage won't change.  A child outside the order is a child outside the order, no matter who that child is with and whether or not CS is being paid. 

The new job might matter however.  Basically if it's been more than 3 years or the amount he would be ordered to pay would change more than $100, he can ask for a review.  (Or, you could ask for a review too if you think it might go up.) 

Quoting gcstar42:

I am actually in Texas. When I first filed he was still with the other girl so he was not paying child support for their child but he did tell them about the child and they took that into consideration when figuring the amount he would pay to me. Also he is no longer at the same job and may be starting a new job soon with lower pay, so I am not sure how that will work either?

 

Quoting DDDaysh:

 What state are you in? 

In Texas a new child can impact the CS of current children if he files for a modification, but if he already claimed that child when CS was first set, it has already been taken into account.  The last time we set our order, my ex got credit for both his other kids even though he doesn't pay CS for either of them. 

 

 

 


 

gcstar42
by Member on Feb. 5, 2013 at 12:30 PM

Okay thank you. 


Quoting conniejo75:

It depends on ur state. If you both go through state child support enforcement they may split payments between both of you. If he asks for an adjustment it can be factored in.


 

Eyez79
by on Feb. 5, 2013 at 12:37 PM
In my situation he is court ordered I pay 537 twice every month I was getting that ten outta no where I got a payment of 323 then it went lower I was pissed so I contacted friend if the court and was told that he has another commitment that has to be made like wtf well the lady said that regardless of the court order that we have he still has To pay for the other child and what he makes he still has to have income for himself. He owes me over 72,000.00 in cs for two kids. So now I receive maybe a total of three hundred monthly and that stinks from getting 1074. For half of last year. Sorry huh I'm pretty sure it will be affected.
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victoriahearts
by on Feb. 5, 2013 at 1:52 PM

Best advice is just to check with your child support office because every state is different, yes it may not go down as stated before because the other child had already been taken into account but if TX is anything like NY he can ask to have the CS payment lowered to take into account that his living situation and job situation has change. Although CS is a set percentage here in NY , the judge will lower it depending on the other parents expenses if he can proved the payment would not allow  him to cover his living expenses and if he wants to be an a** he could go file for modification now that he doesn't have a job have it lower dramatically and then of course you would have to wait weeks if not months to get it readjusted again. 

Oliviasmom72
by Silver Member on Feb. 5, 2013 at 2:06 PM

It is likely his other kid is already factored in. She is probably going to get way less because you have 3 kids AND she gets whatever income is left after support is paid to you. So it really should not change much but I guess there is no real way to know for sure.

brieri
by Platinum Member on Feb. 5, 2013 at 2:48 PM

The court will find out what he is paying to you, unless of course he lies.

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