We just got married and he has a child from a previous relationship. He pays 400 a month and I was just wondering if the court takes into consideration he will have more kids. Don't get me wrong-I LOVE that little girl and i definently feel he should pay some money! But i dont know how we would make it with our own kids!!
2007-01-14 06:53:18 · 3 answers · asked by mandak 1 in Family & Relationships ➔ Marriage & Divorce
This really depends from state to state but usually the court does not care if more children have been born into another family. The children born first take presidence. In Illinois the child support due is 28% of the non-custodial parent's income. This is non-negotiable.
You can receive a free initial consultation from a family lawyer and they will have the best information for you. If you call three and explain your situation you should get a well-rounded answer to your question. My suggestion would be to look up local family lawyers.
Another resource that is reasonably priced is Father's Advocacy groups. They will give you a free initial consultation and also will provide services that are very reasonably priced.
Good luck!
2007-01-14 07:56:57 · answer #1 · answered by momopsims 1 · 0⤊ 0⤋
No--his first obligation is to his first child. Even if you have 30 more children it's first come first serve. The only children who lose out are the subsequent children who do not get the support they deserve because of previous obligations.
The courts look at it like this.........he knew before having a second, third child that he had the first one to support. So having more children will not reduce his prior obligation.
2007-01-16 06:13:16 · answer #2 · answered by Cherie 6 · 0⤊ 0⤋
File your taxes as soon as possible. Take them to the friend of the court and ask for a "reconsideration of custody payments" They will make you pay out based on your tax statements.
Best of luck.
2007-01-15 08:52:50 · answer #3 · answered by ferretcoach 4 · 0⤊ 0⤋