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Re: child support and a second marriage....

Started by cookie32, Mar 05, 2004, 02:49:04 PM

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cookie32

In regards to the second marriage question, would having children in the second marriage decrease child support for so that supprot would be equal for both children?  I am in Florida...
Thanks

Peanutsdad

Im not sure about Florida, but in most states,, first in time is first in line.

cookie32

I was reading the guidelines for Florida support and it said all children will be treated equally. I did not know how to interpret that.

joni


usually what that means is that you'll get "some" credit for other children when the child support is calculated for either family.

sweetnsad

Well, here in Canada, it doesn't matter how many more kids you have after your first marriage and children...you still have to pay the ordered amount...never mind that we live in the poor house trying to survive.  Not quite fair is it?

cookie32

That is not right. I am sorry to hear that I soon will be in the same situation. Is there anything that can be done about this?

nosonew

It depends on your state cs reg's.  I don't know about florida, but our cs was decreased after having 1st child together, and decreased more with second child, but not proportionate to what it should have been.  However, every little bit helps!  Ask an attorney in your area. Or Soc.

joni


We pay  child support to the state of Michigan.  The "relief" we get for our child together is only $2080 with my DH still having to pay $10,140 for his first child.

What's that rationale?  The great state of Michigan is telling us it costs $10,140 to raise his first child and only $2080 to raise our child?  How is that fair and equitable???

My DH's first child is a girl and our child together is a boy.  We had to buy a new house to get an additional bedroom for his daughter (because of gender), who we only have 6 days a month.   What relief did we get for that?

MixedBag

and even after that, I think it will be a decision that really depends on which judge you get unless someone can quote you the FL case law that gets used.

Sometimes in our family, other kids (translation child support orders) were taken into consideration and sometimes not.  There was no consistency among the courts we deal with that we could count on.

But let me give you my thoughts as the paying NCP.  When my EX had more children, he got credit for those kids.  And therefore, my child support obligation went UP.  I personally don't think that this is fair after all, I have no input as to whether or not the EX has more children, yet I'm paying for it (in a round about way).  (divorce #2)

I did get credit for my two children and I think I should because they existed before I (or we) decided to have another child.  My EX knew that I was obligated to those two children.  However, if I had another child and got credit for that child which would lower my responsiblity to our child...I think that's wrong too.

When CS was adjusted when my OD emancipated, subsequent CS orders were taken into consideration (I got a credit for paying child support to my child that was born AFTER my first divorce -- exactly what I don't think is right in my paragraph above).  However, in the end we agreed to what CS should be and he's paying about $350 less per month than he should be.   (and about $250 less if you take my CS obligation out of the picture).


Then there's the other divorce -- community property state.  1/2 of my income as a SM was used as an asset to DH.  And then CS was set.  The judge did not take into consideration any of my 3 children, period.  Not sure what it would do to any formula, but my asset and not liabilities were used.

stepmomtwo1

We live in Ohio and yes we did get credit for all five of our children when support was modified. We still pay big $$ to the ex while she sits on her butt and lives off everyone else.

A man should be allowed to move on and start a family and have as many children as he likes and they too need to be supported by thier father and mother. My dh married the ex because she was pregnant with sd and after two years the ex started having an affair. After three years they were divorced. We have been married 10 1/2 years and have a family for keeps. Our kids don't have many rights as far as the CSB thinks but we did get to take off the same amount that we do for exemptions on our federal taxes for each of our children.

Only a year and a half and we will be done paying for a child we never see (her mother is the grand wizzard of PAS) and our children will be allowed to live the lifestyle that sd has been accustomed to the last 16 years.