Child Support?

Question

My wifes ex husband pays her $225 a month in child support. Her ex husband is now divorced for the third time. He pays ex wife #3 $1000 a month in child support. He said that his lawyer told him that if my wife took him back to court for child support modification that what the court would do is add the 1000+225 and divide it by 2 and that would mean she would get 612.50 per month in child support. Does anyone know if this is correct?

Answer 1

The formula for child support is each mother gets 17% of his income per child, but not more then 25% each.

Depending on who files first that person gets 17% (or 25%) of his entire salary. The person who files second gets 17% (or 25%) of whatever is leftover after the first person gets their payment.

What it tricky is who gets first dibs. It's not who's children are older, but who files first. Logic would say that your wife would get her support first (meaning she would get more) because she filed before the new wife way back when. But, because she settled for $225 before and did not modify support when his salary increased, then she may be stuck in second place.75

If he is paying her $1,000 a month it's safe to assume that he makes about $75,000 a year. Which means that if your wife gets second priority then she will receive about $875 a month. This is just a guess and depends on the number of kids each of the women have and many other factors. You won't know until a judge orders it.

You can either talk to a lawyer about taking him back to court for a support modification, or you can pick up the petition in the family court of the county where her children reside. The paperwork is fairly easy to complete.

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Answer 2

hmmm well not really they use an adjusting slider scale meaning that they never took the current support into effect they would not modify #3 support because that is a seperate case but they would use that to determine how much he is capable of paying because that will go against his income although if he has to pay that much now i would definitely have her take him back to court because she would get in between 700 and 800 per month and that is alot better than 225 oh by the way that is if you live in nc and since i dont know where you live i will have to assume it is close to that figure hope this helps

Answer 3

It definitely depends on the state in which the original child support order is from. If you are still in the same state, your wife can petition to modify current support and the support guidelines will be re-worked to include the ex-husband's income as well as your wife's. Normally, the first child takes precedence. If this man is earning a lot more money than he did when the original Judgment was entered, it would be well worth the child's interests to ask that it be modified.

Answer 4

I am a single father with two boys (4 and 5) that live with me and has an ex spouse who pays multiple child support payments.

The amount of payments depend largely on the state the child support agreement was initially handeled. I am in Ohio and my ex lives in Texas. Texas has jurisdiction due to the fact that the divorce was handled in Texas as well as the child support hearing. This can be changed however if you petiton the court in your state to have it moved.
Most state laws, while enforcing child support, also prevent a paying spouse from having to pay their entire salary on support. Usually they have a law that prohibits a person from having to pay more than %60 of their pay to any individual. That number tends to go down if the non-custodial parent is supporting another family or paying multiple support.
In truth, due to the fact that he is already paying such a large amount already, it might be a waste of your time to try. If they were to up the amount, he might not be able to pay anything at all, or he might be inclined to get a job under the table and not pay.
If the child support payments are being required by different states (e.g. one payment Iowa, one payment California, etc.) then your chances of getting the payments combined and split to equal shares are almost nil as each state is seen by the courts as a seperate ruling with different jurisdiction.
If all payments happen in the same state, you can get the amount readjusted, but I doubt they will combine and split like you have heard. They will most likely look at his income, what he is spending right now, and go based on that decision. You might end up with a larger amount, but I doubt it would be by much, especially if he is already paying the amount to this other spouse like you said.
If his income happens to go up in the near future, you could stand to get a bigger payment, but that would mean going back to court again to request a readjustment.
Sounds like his other ex struck while the iron was hot and unfortunately you got left in the cold.

Answer 5

Doesn't seem right to me, as I thought child support payments took into account a number of factors that could result in different payments to different ex'es. However, I'm not a lawyer and could certainly be wrong. However, AllLaw.com's calculator seems to bear me out since it includes questions about number of children with the custodial parent and the custodial parents income. Of course, this can also vary from one state to the other, so you should check the laws in any states that might be involved.

Answer 6

the law will be determined on the state you live in. if i were your wife i would go to court for the fact that its not fair to the child. its worth checking out.

Answer 7

Depends on the laws of your state. Consult a local lawyer.

Answer 8

It's whatever the court orders to be paid. There's a good chance they would adjust the amount acording to his income. She should try.

Answer 9

Go to florida thats the dead-Beat dad capital of the world

Answer 10

Does she need that much or is she just wanting to get more?