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redo child support with extra kids

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L

Lookin

Guest
My husband has two children from a previous marriage. We have an additional 2 between us in our marriage. If his exwife (now divorced from her 2nd husband) takes us back to more child support, will they take into effect the 2 children my husband how has even though we are married?

Does his lifestyle now get looked at at all? Or do they just take his net pay after deductions and stamp him with a percentage for two children?

We have no problem paying child support. But the ex wife lives more extravagate than we do. It is hard to think that my children now will have to do without just so that they can have more.

By the way, we are not behind on childsupport, have taken the children every chance we could get, and support them in any way possible. We are from Tennessee.
 


L

Lookin

Guest
When I called one county I was told that unless we were divorced the children dont' count. But another county said all children count and the money is allocated between each of them children of divorce and the ones that are in the current marriage - so who do I believe?

I was just hoping someone here would know for sure, because I am tired of us being threatened with an up in child support every time she doesn't get her way.
 

Grace_Adler

Senior Member
I'm in the same boat pretty much. I live in NC. The way they do it here is they have guidelines. They see how much you make. I'm not sure if it's gross or net. They go by monthly income. Then they figure in what they are paying for the children in your home according to those guidelines. Medical expenses for the children, other child support court orders for other children, day care, insurance for the children if ordered, and any other extrodinary expenses for the children. Then they go from there. They have a formula the way they figure it up. You can pick a copy of it at the court house. Ask for a copy of TN child support guidelines and worksheets. You can probably find it online too. I did. Hope this helps and good luck.
 
L

Lookin

Guest
just went to lawyer

It seems that in Tennessee there is an appeal out there (Dee Ann Curtis Gallaher v. Curtis J. Elam No. B-3443, No. E2000-02719-COA-R3-CV). In this Appeal they are talking about giving the non custodial parent credit for children outside of the marriage. I mean, if a parent had children, got divorced, then remarried and had more children - OR, if parent had children in a marriage and had another child out of wedlock, they will take into consideration (give credit) for the other children. Check this out if you can, or let me know and I can attempt to email you a copy of this appeal. Fathers have rights too, and one of those rights is to have the ability to live a life after divorce. I believe that the father should pay the allocated amount of child support, but other children born from the same parent should not pay the consequences of not being first. This Appeal is against the first come first serve. They state, "Are children of a second marriage "children of a lesser God?", Are children of a second marriage lesser children under the United States Consitution?, Are children of a second marriage any less hungry or naked without the support of their father?, Should we weep for children of a second marriage at their birth, rather than at their death?

Check into this appeal if you are looking at having your child support raised. If you are someone that is wanting your support raised, remember, the man/woman you divorced should have the right to live. Give them that right. Especially if they are doing everything in their power to provide what they can. If you know for a fact that they are struggling - don't throw in another curve to make life harder.
 

sbaldwin

Member
I would LOVE for you to e-mail that to me if you are able! [email protected] We are in the same boat now! My husband is paying support on 1 child, and we now have 2 together. I've been asking lots of questions about this on here, and got a little advice. So again, I would love to read what you've found!
 
T

txkowgirl6

Guest
sbaldwin, saw you were in Texas. There it is a percentage amount and each child born after the divorce reduce the percentage of child support paid. Just went through this. Good Luck to you all
 
B

bethdetroit

Guest
i am not sure about your state but here in MI they deduct a certain percentage for other children before they calculate the actually support amount. And for previous orders they deduct the entire amount before calculating support for a new child.
In our case my husband ( we are not legally married, just been together long enough to feel that way though) and I have a 5 yr old that thru the courts he still is ordered to pay child support. he also has a 2 yr old son from his ex ( we were taking a break for a year to think things out) His child support for his son is only 38 a week because he still pays support on our daughter for 100 a week. Also we are expecting another baby in November and the court will figuar about 30 a week for the new baby once it is born and they will lower the support for his son again.
My husband spends much more on his son than what he is ordered to do but this way he is not penalized when he cant afford to pay 100 for his son every week.
And this way he knows where his money is going or at least most of it. The mom is a bit of a iresponsible you know what and will spend the money at the bar rather on there son. So he just buys the baby what he needs in addition to the court ordered child support.
 
L

Lil Miss Smarty Panties

Guest
I would love to see this appeal also. Is it posted somewhere? Going thru the same thing, seems a lot of us are. My husband is paying 101.00 a week for a child from a previous relationship who is 12. We are expecting a baby anyday now. We were told his CS obligation would only be reduced $6.00 when the new baby arrives. Isn't that generous of the state of Indiana? His previous child is worth $100 a week and ours will be worth $6. I *might* be able to buy a pack of diapers a week with that..... Something is definately wrong here. Why is one child considered more important than the other? Why does one child have to do without simply because it was born 2nd? :confused:
 
L

Lookin

Guest
I have scanned in this document and it saved as a TIF file. Unfortunately, I'm an idiot and don't know how to reformat it into a jpeg or any other type of file so that I can post it here. I can try to email it - but I did this earlier and the lady only received the first page - even though there are 6 pages. If anyone has some advice on how I can post this for everyone to read let me know.

If not, it was filed in Knoxville Tennessee and the file number is No. E2000-02719-COA-R3-CV

I am unsure of how you can go about getting this as my lawyer is the one that gave me a copy of it.

I will continue to try to change the format of this so that I can post it here for everyone to see and use as needed. All families deserve the right to live their life. It SHOULD NOT be a first come first serve basis. I am stating this as a ex wife and as a step mother. I am on BOTH sides of the fence.
 
C

carolinarn

Guest
Wow, sounds like there a lot of people out there with the same problem. That is also our problem. I would also be interested. My email is [email protected] Thanks.:)
 

ellencee

Senior Member
Let me throw this out there as food for thought.

Let me first say I think all children are equal and no child should have to suffer at the hands of adults for any reason.

That said, here's my food for thought:

Husband A and Wife A have two children together, provide for them with HA and WA income. HA leaves home and starts a new life. WA is still home in the setting created with HA and WA's income, except HA took his income with him. The children of HA and WA just lost half of their income or more, as men usually make more, even for the same job, still, now, today, in the real world.

Husband A pays $400 a month child support for two children (it's my dream, so it's $400 a month). Wife A still has the home created by HA and WA, or the problem of finding a suitable home she can afford since HA left, and the two kids, and now she has probably less than one-fourth of the income he used to contribute to providing a home for the children.

Husband A marries again, creates Wife B. Wife B knows Husband A has a $400 per month obligation to his children with Wife A, and that he will be paying $400 per month with increases for the next, say 12 years.

Wife B and Husband A have a duty to themselves and to any children they have, to consider Husband A's income minus $400 as the income that Husband A has to contribute to life with Wife B and any children of this marriage.

If Husband A and Wife B can not afford a family and still meet the obligations to two children already alive and dependent on HA for support, why would HA and WB consider a solution to be to further deprive the two children of HA and WA? Why would Wife B and Husband A not make arrangements to choose a lifestyle they can afford. (Remember when you read the above paragraph you said, let WA find a home she can afford without HA, it's not his problem anymore.) So, why is it WA's problem or HA's and WA's children's problem that HA and WB can't afford children? It isn't their problem and should have no impact on them.

Can you envision what would happen if the laws changed so that 50% of a father's income was set aside for child support and divided by the number of children he has through how many marriages, affairs, or accidents? It would become a baby having contest. Wife A would want as many children as possible just in case Husband A left. Then Wife B would have the same number as Wife A, plus one, so Wife B could get more support paid to her children, or more support money kept for the children of HA and WB.

Nobody likes to hear it, but it is just plain facts and good personal financial management to accept the fact that the children who are already born, already abandoned, and already ordered to receive support DO COME FIRST as it applies to their receiving support.

(You in this posting means, 'one', not any specific person being called 'you')

You can't just count the ordered support as extra money that you want to keep at home; it isn't; it's obligated money; an obligated debt.

You don't buy three cars when you can only afford two, and tell the loan company that the new car is just as important, so you're not going to make the whole payment on cars #1 and cars #2 because car #3 is just as important and you don't think it's right to put one before the other.

You wouldn't dream of doing that with a loan company over cars, but you'd do it over living, breathing, human beings--helpless, dependent children, who did not do anything to deserve a broken home and therefore need to be supported by an absent parent with a new family, wondering why that parent could be happy at home with his new kids and not with them, and knowing that daddy and his new wife don't like having to pay support for them; maybe daddy just wishes they would go away.

Don't think for one minute that children of divorced parents do not feel this way; they do; all of them do at least part of the time, or else they wonder why mommy hates them since daddy left.
 

sbaldwin

Member
What if WA happens to be the one who leaves HA, is he not allowed to move on because WA chose to take child A out of the life he had with HA? It's just not fair!
 

haiku

Senior Member
As a wifeb, LOL i have to agree with ellencee (up to a point) I've said it before in my own posts to others, if you are planning on becoming a second wife, DO NOT, DO NOT, DO NOT, unless your future husband can live on his own, while still supporting his children from his first, if he cannot be financially stable without your help, do not be sucked into the romance of trying to help the poor man! (for those of you already there I am sorry- i was with a man like that in my 20's been there done that! and when it was over MY life was nearly ruined, and I lost everything. -as a stepmom you DONT leave with the children! I vowed never again! This time I chose a MAN! my husband can support ALL his obligations including me and OUR child, and I didnt have to lose any part of me in the process) i hav eto say it if what your husband has been ordered is what the state says, no more no less, he should be able topay that all on his own, before you think about anything else, as I told someone else today, he doesnt make say, 25,000.0 he really makes whatever 25,000.00 is after child support. You budget on THAT. Because THAT is the law!

What I dont agree with is her paintbrush terminology of husbanda leaving wifea to party down with wifeb. in my husbands case, wifea left him to party down with boyfrienda,b,c, etc... i feel as she made the decision to divorce, she made the decision to work hard and double and even triple any support my husband gives her. And he pays her in full on time always, and always makes sure his kids are cared for! And it wasnt his wish that his family be split in two, and we do the best we can to show all our kids that they are members of a healthy happy family at our house in addition to moms house. i hate the terminology that because my husband chose to remarry and adopt my child he has somehow shown his other kids he doesnt care? how silly...

I know your being general and LOTS of NCP's fit the description-I know, i had one... but my husbands ex likes to put on the whole "poor me I need more money for the kids act, because i am a poor defenseless single mom!" well you chose this life baby! AND I was raised by a single mom before they had laws that helped get moms thier support, and life was hard but SHE made it, and though my father never paid a dime she never put my dad down in front of us! why cant you? with your good support check, all the help, and emotional support when needed, and an established career?

OK i am ranting, and i know your not talking about me LOL because we are fine with what we pay and do, but i just had to say it! I try to look at each situation individually before I get out the paintbrush, I then paint accordingly LOL:cool:
 

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