can another dependent lower support payments

[kellibacall]

What is the name of your state? PA MY SIGNIFICANT OTHER IS PAYING THE MAXIMIM STATE REQUIRED SUPPORT AT THIS TIME, WE JUST HAD A CHILD, CAN HAVING ANOTHER DEPENDENT FACTOR IN ON CHILD SUPPORT BEING PAID AT THIS TIME?

 

[curiouscat623]

Hey there. I live in PA too. The maximum amt of CS that can be ordered in PA is 55%. Since he has a second family, he can get the support lowered to 50%. Thats the only time/way that having another child in an intact family counts. There was just another post about this, check the previous threads.

 

[Jillian483]

Yes

He can have his support amount lowered bcause of the new family member (CONGRATS by the way). He should now receive credit for supporting the new child. It probably won't change much but it would be worth it.

 

[curiouscat623]

He can only have his support lowered if he's currently paying more then 50% of his income. Other than that..the court doesn't care how many subsequent children he has, unless there is a child support order established for them.

 

[Jillian483]

He can only have his support lowered if he's currently paying more then 50% of his income. Other than that..the court doesn't care how many subsequent children he has, unless there is a child support order established for them.

Not true, their income has been lowered due to the need to support the new child. He will receive a reduction for the state allowed amount on his child support forms. You can also receive a reduction if you pay child support for a child in another marrage. For example if you have been divorced 2x and you have a child from both marriges then you receive credit for the other childs support payment.

 

[Whyte Noise]

You can't use having a new child as a reason for a modification to reduce child support, but can use it as a defense if the CP goes for an increase.

 

[curiouscat623]

If he's paying the maximum amount of 55% he could get a deduction. The law states exactly:

PA Rule 1910.16-7. Support Guidelines. Awards of Child Support When There are Multiple Families.
(a) When the total of obligor’s basic child support obligations equals fifty percent or less of his or her monthly net income, there will generally be no deviation from the guideline amount of support on the ground of the existence of a new family.