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Author Topic: Does new kid lead to lower CS?  (Read 5598 times)

stepmom2morgan

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Does new kid lead to lower CS?
« on: Sep 10, 2004, 01:19:44 PM »
I've had people tell me that since DH and I recently had a baby that he can get his CS lowered b/c now he has to support our DS too.  Any truth to that?  Our finances are really tight now and my DS doesn't have his own bedroom cuz we can't find a decent 3 bedroom home to buy that would fit the budget forced on us by the CS.  Everybody DH works with who also have to pay CS think we're paying too much as it is.

Best Wishes,
stepmom2morgan


jilly

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RE: Does new kid lead to lower CS?
« Reply #1 on: Sep 10, 2004, 01:40:28 PM »
Yes...you can get a "credit" on the worksheet for a dependent child living in the home. Not sure in what State you live. You can always try one of the child support calculators for your State and see how it comes out. If it will lower your payments then your DH should file for a modification. However, there's no guarantee that a Judge will see it that way and your DH may end up with an increase. Bizarre, I know, but that's how it goes sometimes.

stepmom2morgan

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RE: Does new kid lead to lower CS?
« Reply #2 on: Sep 10, 2004, 01:47:58 PM »
I live in Ohio.  Where do I find a child support calculator?

Best Wishes,
stepmom2morgan

KAT

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RE: Does new kid lead to lower CS?
« Reply #3 on: Sep 10, 2004, 05:11:37 PM »
You can find calculators here: http://www.supportguidelines.com/main.html
Hopefully you'll find that your new baby (congrats!!) is worth more then the $10 a month they gave us in consideration for our son. (on a 2,220 per month support obligation for 1 mind you).
Since you are considering going back, do read the guidelines & investigate other options for lowering the amount that you might not have known about before. Such as if your husband has student loans (which enable him to provide extra income), tax deduction if you don't already have it & perhaps motioning to have the CP parent responsible for the first amount of non paid medical bills per year (if not already in the order, say 250.).
GOOD LUCK! If you get a chance, I'd be interested in finding out just how much it would be lowered. I'm in VA which isn't much different from OH.
:)
KAT

joni

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RE: Does new kid lead to lower CS?
« Reply #4 on: Sep 10, 2004, 09:19:05 PM »
we pay $1200/month in CS for one child.  when we had our own son,  we got a $13.75 per month decrease in CS.  so...the common sense question is....why do we have to support one child for $1200/mo and ours gets support of $13.75????

wait....and it gets better....the difference between supporting one child and two children for child support is a 50% increase.  For example, in Michigan, you make $1800/month, you pay $487/mo in child support for one child.  If you had two children, you would have to pay $738.  BUT...if you have another child with your new wife...you only get a $53 credit for that child.

so, don't count on buying that custom home.


reagantrooper

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RE: Does new kid lead to lower CS?
« Reply #5 on: Sep 13, 2004, 06:22:55 AM »
Damn!

Its not about supporting the kids! It's about X support and federal funds for the state.

THAT IT!

SO we must:
PAY PAY PAY AND KEEP ON PAYING!

Bound by state sposered servitude!!!!!!!!!!!!!!!!!!!!

MixedBag

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RE: Does new kid lead to lower CS?
« Reply #6 on: Sep 13, 2004, 07:01:11 PM »
Depends on the Judge....

But put the shoe on the other foot.....if the CP had more children and got the credit, that would make your CS go UP....

Is THAT fair?

Think about this before you act.

I too am an NCP and a CP....  And my CP actually came here and hinted that they were gonna have another baby and then my CS should go up.


stepmom2morgan

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RE: Does new kid lead to lower CS?
« Reply #7 on: Sep 15, 2004, 07:12:13 AM »
Mixed,

I do see your point but when my son is having to sleep in my room cuz we can't afford a place with a 3rd bedroom.....something is off-balance!
And meanwhile BM is preggo with her 3rd child (on purpose), has two nice vehicles, an RV, and owns her 3 bedroom house.  Hmmmmmm.

Best Wishes,
stepmom2morgan (I used to be SLP)

purrrfectgirl

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RE: Does new kid lead to lower CS?
« Reply #8 on: Sep 15, 2004, 07:59:33 AM »
I'm from Ohio.  I have actually set up an excel spreadsheet that includes most all factors used in Ohio CS cases.  If you would like a copy you can email me at purrrfectgirl@excite.com and I can email it to you.  A lot of the online calculators are just basic calculators and don't include a lot of the extra line items.  Let me know.  DH and I got very familiar with the CS laws when he went pro se one time.  That's when I made the spreadsheet.  I use it in court and if the judges calculations vary from mine alot, we always ask why.  Actually got the judge's calculated amount down once because he put in a number wrong.  It's helpful!

oklahoma

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Interesting....
« Reply #9 on: Sep 15, 2004, 02:48:40 PM »
I plugged the numbers in our state CS calculator and the difference of paying support for one child v. two children was $1.  Also, when we had our second child, we were credited $1.  Go figure....

MixedBag

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RE: Does new kid lead to lower CS?
« Reply #10 on: Sep 16, 2004, 01:35:47 PM »
Have you ran the figures against an on-line calculator to see IF dad is truly paying too much?

If you're in a state where they just use the NCP's income -- then you may be SOL....

EX#2's fake-wife complains alot too because I don't pay much in CS -- no secret there, but I pay all the transportation, so anyways...

My come back to her is that SHE should go out and get a job instead of sitting at home doing what she does (she was homeschooling and sells stuff on E-bay).  Since she has 4 kids (now only 2 at home), she carries 4 times the responsiblity to bring $'s into that home (now for 2 kids) vs. my responsibility to THAT home.

So I get you too.....and the only thing that comes to mind is to research the law and CS guideines to see IF you guys are really overpaying right now.

annas mom

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RE: Does new kid lead to lower CS?
« Reply #11 on: Sep 21, 2004, 09:39:10 AM »
Be careful what you ask for....

My brother just went to court to try and get his CS lowered b/c he and his new wife just had a baby. Not only did the judge not lower his support, he actually raised it 23.00 a month b/c he had gotten a raise at work since his last worksheet was done.

Unfortunately, I couldn't have any sympathy for him. I told him that just because he had a new baby does not mean that his first child needs less provision. Whenever you chose to bring a child into this world you are adding responsibility (physical and financial), not just shifting it from one place to another. Just as I don't think his son's CP should get a raise in CS if she has another child with her new husband, I don't think he should get a decrease in CS for having another child with his new wife. What's fair is fair.

Hope that doesn't offend you...just my opinion.

purrrfectgirl

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RE: Does new kid lead to lower CS?
« Reply #12 on: Sep 21, 2004, 11:00:36 AM »
The sad part is if your briothers ex had another child she would certainly get CS raised.  SHe has another responsibility and her first child doesn't matter quite as much as before the new babay.  And your brother's ex would also get to jack up his CS because he'd probably have gotten another raise.  I mean I see your point, but the logic is flawed because the rules that apply to him don't apply to his ex.  Just wanted to add that.  The system is not fair.  And if two people are married and they have additioanl kids they don't continue to nessecarily spend the same on the first kid after the second child's born?  The CS calculation aren't even that dense!

nosonew

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RE: Does new kid lead to lower CS?
« Reply #13 on: Sep 26, 2004, 07:22:37 AM »
WOW, ours did decrease significantly with our children, from over 900 to 720, then with second child, decreased to 550...not enough I think, but alot better than others have gotten.  Do be careful regarding raises and increased income on your side since the last order, as well as decreased income on her side, that is what makes the difference I think...

KAT

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So what you are saying is that...
« Reply #14 on: Sep 29, 2004, 06:44:36 AM »
NO ONE until and/or unless they have a 100% increase in pay should have ANY additional children because that will take away from the FIRST child? Or is this just a bias statement made against families that are no longer together?
KAT

oklahoma

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My thoughts exactly....
« Reply #15 on: Sep 29, 2004, 02:21:08 PM »
The CS system takes CHOICE out of the equation.  The custodial parent can choose to have more children, and simply adjust their expenses, so that the children are equally cared for--rather than the first-born receiving a set amount, and the second receiving what was left over.

The CS-paying NCP does not have that choice--the first child receives the exact same amount of money regardless of what happens and regardless of what the rest of the family has to go without.  The laws do allow for a few exceptions in changing CS--but they do not even touch the possible occurances that would affect a family's available income.  (And the process is so slow that even if you are able to change CS to an appropriate amount, it was probably after several months of struggle.)

KAT

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YUP!!!
« Reply #16 on: Sep 29, 2004, 05:00:46 PM »
It's just toooo bad that your car broke down, you had medical bills, you had to help an elderly parent. Heaven forbid you need a cap on your front tooth or something. You pay and it doesn't matter a fig that the CP parent doesn't contribute a dime to support, collects tax free dollars you pay it, you pay taxes on it and you take it up the behind no matter what happens. No wonder parents fall behind. No wonder so many parents just split.
But times, they are a changin'. Once these kids are no longer made pawns in a game that carry rich cash rewards, all will be made right in the world of family court. (for the most part anyway. *wink*) Of course some parents might have to get jobs...you know, to support the children when they have them during their share of parenting time...*sniffle*.
Regards;
KAT

TCG

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RE: YUP!!!
« Reply #17 on: Sep 30, 2004, 01:00:05 PM »
Our CS actually went UP when we had another child.  How did this happen, you ask.....Well, net pay is figured by taking gross pay, subtracting taxes/etc.  Our situation is this - original CS was figured off DH's net with only DSD claimed as a dependent..  After having two boys, he now claims 3 dependents.  Now, what happens when you claim more dependents?  They take out less taxes.  What happens when they take out less taxes?  You have greater net pay.  So, say you have $2000 gross with one deduction, they take out $500  in taxes (just throwing out random figures here)...leaving you with $1500 net.  In my state, one child gets 20% net, so $300 CS per month.  Claim 3 kids, they take out less, say $300 per month, giving a net of $1700 - 20% of that is $340 CS.  That's just figuring on the same income - imagine if he'd had a raise in the meantime!  Our CS went up $350 per month - if it had only been based on one deduction, it would have only gone up $150 (based on his raise).  

If anyone has a way around that one, I'd love to hear it - the IL guidelines are specific about saying "properly calculated withholdings" and I haven't been able to find anything that says "properly calculated" should mean that only the child of the divorce should be used as a deduction for purposes of figuring that child's support.  

jolawanda

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I am gonna answer without reading the responses....
« Reply #18 on: Sep 30, 2004, 05:37:17 PM »
just cause I don't feel like reading all of those....


BE CAREFUL....once you include your child, YOUR income is included in the CS calcs.....


BE very careful with second family incomes....

jolawanda

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Oh hell.
« Reply #19 on: Sep 30, 2004, 05:42:20 PM »
Mr. Jola's CS went UP when the X (whatever you wanna call her) actually got a job.....Hmmm. Mr. Jola didn't get an increase in income but, HIS went UP cause she finally got a job?
And then, the kicker....Mr. Jola filed for the TWENTY THREE y/o to finally get off the payroll and the Xthang showed check stubs of nearly 3500 a month in INcome but, they only counted around 1500........


gotta love the lovely state of newfuckyajersey...gotta love it! :(

KAT

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I keep warning my cousin about NJ!!
« Reply #20 on: Oct 01, 2004, 05:07:12 AM »
But he keeps doing STUPID things!! Maybe there is something in the water by way of Turnersville but DANG! He just isn't getting the potential long term consequences of there being no emancipation age in Jersey.

I feel for ya' kiddo!!! Might have some questions for you later!!!

Regards!

KAT

Tunie

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RE: Oh hell.
« Reply #21 on: Oct 06, 2004, 06:11:52 PM »
This is true in all states I suppose. If the CP gets a raise, the NCP's support payment goes up! Does that make sense? However, I agree...times are a'changing. The pendulum is swinging back towards midline now. I can hear the women of N.O.W screaming! Life turns on a wheel. What goes around--comes around! I read several boards and there are alot of women crying because DAD got custody and she has to pay child support! Let's hear it for the great dads out there!

 

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