Child support.?

Question

I have 2 kids, one with the ex-wife and one with my fiance. The fiance wants me to get the support adjusted it is lower. My ex's and my wages have significantly increased though. My question is can I claim both kids on child support at the same time? or would it have to be separate cases?

Answer 1

When they calculate child support, they do take into effect what your burdens are, so it may be in your interest to have a modification to the order. If the ex only has to support one child, and you have to support two, she has less burden on her plate so she might not receive as much as when you both only had one child. Keep in mind though that this works both ways, if she has more children, it could inflate your burden.
Yes, it would be separate cases, and the calculations for both cases will vary (unless your fiancee and ex have the same income and expenses). Calculate your amount by how much you make minus your expenses, that is the amount they will have to base your payment amount on. Keep in mind she'll most likely have more expenses that can be put into the calculation as she is providing the housing, food, childcare,etc. for your child.
I'd call legal aid for your area, and inquire with your specific details and ask how it would affect you financially. I'd then consider how it would affect you with your relationship with your first child. Is ex the kind of person that would make child #1 feel that you don't care as much if you pay less? Or even worse, is she going to hold resentment toward your fiancee and child #2 for taking away what she feels is rightfully hers, and pass that on to big brother/sister? It's not just about money, there's a lot to consider when you make these choices.

Answer 2

Last I heard, (2004), child support is no longer able to be claimed on taxes, but the person receiving it can count it as income. You mean you can count the kids as dependents on your taxes, don't you? That would have to be worked out between you and the ex and possibly she would agree to alternate years if not specified in any agreement you might have.

Answer 3

separate... the court only addresses the child in the case. just because she makes more, it wont change payment amount that much. she would have to be making a whole hellva lot more in order for it to put a dent in it.

go to one of these; just click on your state.

CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html