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17 answers

The rules are different for each state but in short the answer is yes. The courts care only about the children and that each child has an equal amount of the parents disposable income.

2007-08-14 16:37:41 · answer #1 · answered by Offshoring rules 2 · 1 0

Well, this new child is the sibling of your child and you should want this sibling to be offered the same advantages, financially. Your child will always get more according to the child support break down, for per child expense. You ex will have to pay rent, and utilities, and food, etc for this child. As you do now. Why should the new child get less? They will determine the income for him and his new wife! A lot of people don't realize that. Just as your income is a part of the decision on how much your ex should pay. I have been in your shoes and it sucks, now that I am older, I realize that, this other child is my child's sibling. How do I look not wanting good things for his sibling. Any way, I know this a different prospective than what you will here. I just wanted to share it as I have lived it.

Even in a State where you can request an evaluation for a decrease only ever 2 or 3 years, all you have to do is pay the fee for the review. The 2 or 3 year thing is free.

2007-08-14 16:38:47 · answer #2 · answered by LuvinLos 5 · 0 0

Nope a support order is not affected by the father marrying and having another child. The father can have 10 kids and your pre exsisting order will not be affected, the OTHER kids orders will however be determined based on his pay minus what you get a certain percent per child that percent decrease each time a child is produced. For example if you cant understand what im saying if a man has 1 child and pays 300 a month then has a second and pays 250 and then a third it will be even less.

Only way for your order to change is if he requests a review of the order which in Texas is once every 3 yrs. The parent with custody can also ask for the review once every 3 yrs for an increase. My exhusand remarried had another daughter and divorced and our court order for CS did not change one cent

2007-08-14 16:34:20 · answer #3 · answered by texas_angel_wattitude 6 · 0 1

In Texas child support can be lowered or raised before the three year rule if the payee's circumstanes change. The catch is it has to affect the child support by $100.00 per month, if it is less than that you have to wait the three years.

I am going through it right now, I have a lawyer and absolutly can't wait until my x is served. I wish I could be a fly on the wall when she gets those papers.

2007-08-14 17:00:07 · answer #4 · answered by ? 2 · 0 0

No, the only way that child support can be lowered is if the father does not have the same income as when the court ordered child support took place.He must have a big drop with his income to get it heard in court.

2007-08-14 16:56:21 · answer #5 · answered by roxie 3 · 0 0

No, your child support will not go down. The child will still have the same needs whether you have 1 or 10 children. They base how much you pay in child support on your income, so unless you take a pay hit somewhere, there is no reason why your child support would decrease.

2016-05-18 01:08:04 · answer #6 · answered by katie 3 · 0 0

First, she is working or not. Their income to take care of their child is combined. It all depends on your living arrangements compaired to his, what he makes and so on. A lot rides on this. My ex tried to get his lowered and it blew up in his face. He thought that by having another kid with someone else he could succeed at that. The judge looked at him and said "son you can't support the first three and you go and have another are you stupid. I won't drop it as a matter of fact it seems that your needs to go up." I almost busted up laughing in court. That is only my case though. The main thing is what is your situation compaired to his. Keep that in mind. It differs from case to case. Review everything and take it to court with you.He may only be hurting himself. If it does go down don't worry it won't be as big a relief as he is looking for.

2007-08-14 16:46:02 · answer #7 · answered by cyh of 3 2 · 1 0

In California it can't but if she needs more money she can ask for more every year because the cost of living goes up plus now that he married they all so include his new wife income if she working all so. You played now you paid!

2007-08-14 16:51:48 · answer #8 · answered by honeybunny 3 · 0 0

no.
that is his decision to marry and to have another child.
"first children" come first. legally.
what he can do is file for modification of the child support order. IF his income has changed. not because he's created "another mouth to feed".

2007-08-14 16:36:54 · answer #9 · answered by shyanne 5 · 2 0

usually they do change if the father's circumstance has changed...but just getting married and having another kid won't lower it that much because courts want you to continue to be responsible for the pervious babies the man has made.

2007-08-14 16:33:58 · answer #10 · answered by Andrea 5 · 1 0

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