I’m no attorney, but I think I have an answer that will help you. Child support can only be recalculated every 3 yrs in NC (unless something significant happens, of which the guidelines state that having another child does not fall within this classification). Yes, your ex having another child WILL be a factor into the calculation…the calculator takes into account that this child needs support to, and yes it will probably make the cs amount go down, that is, depending on what the new income figures are for the both of you. Hope that helps. But even with the ex having a new child, the ex can not redo child support until March 2008 based on this event alone.
I think actually you can appeal an existing child support order if you believe the amount may change by at least 15% or more.
The child support is primarly based on the first child/children. My husband pays child support for his 2 boys and now we have another child together. Our child together has no bearing on his support and they will not reduce his support order just b/c he has another child. This is not his first kids fault that he has another kid now so they won’t reduce what they get from him.
Same situation…My ex has a support order. Now he has 2 other children. They will not decrease the amount of support I get just b/c he has other kids now. I did not choose for him to have more kids.
When the mom of his other kids go for child support, she will not get alot b/c he has an order already in place that if for his first 2 kids. The first kids get the most and each order after that (for new kids) decrease.
I am not an attorney but this is what I have seen happen. If you look at the child support calcualtion you will see that it ask for other support orders, not other kids that he does not have a support order for.
I think the last post is incorrect. The child support calculator has a field for additional children that they are obligated to support.
The first kids rule sounds good in theory, but not true. If someone decides to continue to have kids without the means to support them, all the kids suffer.
Yes I believe kperry is incorrect too. The CS calculation does take into account for ‘other’ children. Just look at the CS calculator on this very website…it specifically asks how many children there are outside of this relationship.
Ok it is not the first kid’s “fault” that a new child is born. It’s noone’s “fault,” that is just silly. But don’t all children deserved to be supported equally? Shouldn’t a parent support all of his/her children all the same? If the new child was not a factor in the calcultion, then wouldn’t that child be being punished? What’s fair for one child, should be fair for another.
You guys seem to be correct in that the support calculator does ask about other kids however, I was wrong in stating that but I do know that in my situation both my current husband and my ex husband, the judge would not decrease that support order b/c the men had other children after the original support order.
What a hoot! I guess that goes to show judges can do whatever they want, but usually I thought that they still had to follow guidelines. Hopefully since your husband pays, and you receive, the dollar amounts conteracted one another and it all came out in the wash for your situation
CamillaCat is correct when she states that judges do whatever they want with child support. Judges do not have to follow the Guidelines. The Court can deviate upon a proper request from either party or upon its own initiative.
Even if the court chooses to apply the Guidelines, there’s still the good ol’ “adjustments” (e.g. extraordinary expenses) to be considered. The final award amount could be vastly different from that based on incomes alone.
As for the 15% difference in award amount for a child support order at least three years old, keep in mind that’s only presumed to constitute a substantial change of circumstance. Presumptions can be successfully rebutted.
Bottom line: the judge must find/conclude that a substantial change of circumstance has occurred before an existing order for child support may be modified. Even if this finding or conclusion is made, the Court still has the discretion to not modify child support.
Sound like a crapshoot? You bet it is!
Well, My ex is ordered to pay 275.00 per month for his “2” children. Not like I can do much with that amount…
And my current husband pays 1100.00 for his 2 kids. Oh did I mention that my ex hasn’t paid in several months and is now 1600.00 behind. But on the other side of that…We haven’t heard from him in 6 years so as long as he’s away from my kids, I don’t care if he pays or not…
the way the laws are set with CS really needs some work, and the guidelines are a joke. My husband got taken to court last month for CS, unfortunally he had a one night stand and from that a child was born. We filled out all them papers and listed that we had 3 children and his income was the ONLY coming in, and that our wages are so low that we get state help with medical assisstant for our kids. When we went to court, judge ordered the amount that was 50% of our income, which stinks, the mother of child makes more money and just has the one child, and we have three children to try and support with half of our income now gone.
There was a recent case that stated that a new child being born alone does not create a substantial change in circumstances for child support, but I would argue that you can still have child support modified if anything else has changed.
Greetings. Technically, if I remember correctly, child support cannot be over 40% of the gross income of any payor, unless you filed a motion to deviate. Now, if you did not file a motion to deviate from the child support guidelines, none of your information on your financial situation was taken into account by the judge, simply because he could not look at it as the guidelines are presumptive. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
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Charlotte, North Carolina 28262
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Chapel Hill, NC 27514
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Does the amount of child support change if the person paying has another child in another marriage? There is a court order in place for child support … it has been in place since March 2005. Thanks.