Please Answer Child Support Modification Question


#1

Background: My ex and I have two children. Child support was ordered beginning September 2007 in the amount of $700.00. He only paid twice, lost job, and was in contempt for over 6 months (many continuences) until July of 2008. During the many continuences he asked for modification and during trial in July, Judge used his discretion and lowered child support to $450.00 per month for children. And ordered $50 for arrears. Also ordered a Upward Modification hearing for July 2009.
My ex since our seperation and now divorced has lived with another woman. Not married, just living together. She is now about to give birth.

My question: When this new child of my ex and the woman he is living with is born, can my ex be able to lower the amount he is expected to pay to our two children? What if this other woman does not work, would this also make the child support I receive for my ex and my two children go down? Or, what if she has a job? Is her income then taken into consideration? I believe she will no longer work after their child is born so she can take care of it and I am very worried the child support my two children receive will be significantly lower.


#2

Your answer pleased me but I am still confused because of what is stated in the NC Child Support Guidelines. It seems they are saying it can be taken into account, can you explain to me further? Here what is posted:

A parent’s financial responsibility (as determined below) for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is deducted from the parent’s gross income. Use of this deduction is appropriate when a child support order is entered or modified, but may not be the sole basis for modifying an existing order.

A parent’s financial responsibility for his or her natural or adopted children who currently reside with the parent (other than children for whom child support is being determined in the pending action) is (a) equal to the basic child support obligation for these children based on the parent’s income if the other parent of these children does not live with the parent and children; or (b) one-half of the basic child support obligation for these children based on the combined incomes of both of the parents of these children if the other parent of these children lives with the parent and children.


#3

My apologies, I totally misread your post. You are correct in that your ex will be entitled to claim his obligation for his other child based on the guideline amount for one child, or one half that amount if he continues to live with the mother.


#4

In your post you stated my ex could claim his new child in an attempt to modify/lower his support order to our kids. Could you tell me if this is awarded to the other parent rarely, sometimes, or always? I know the judge can go outside the guidelines and wanted to share two experiences.

Two women I work with went through the same situation and both judges refused to modify their ex spouses claim to lower their first children’s suport order because their ex chose to have more children. One woman told me that the judge stated her ex knew he had a financial responsibility to his first children and he would not be rewarded for creating a financial burden to his first children.


#5

Every case is different, and I can’t predict the likelihood of the outcome, it will depend on the over all financial situation of the parties.