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can child support be adjusted?

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mochasgirl

Junior Member
What is the name of your state? Idaho

Hi. My husband and I have four children. He is currently paying support for a child that he believes is not his. That case is 3 years old, and the child is 6 years old. My husband has not always worked alot of hours, as he stays home with our kids and I work because I am the one with the degree. He works in the evening, so we don't have to pay expensive child care. His checks are garnished 50% because he is behind in his support. There is a great chance that this child is not his, he has never seen the child, my mother-in-law saw it one time, at about 2 months of age. We have requested all of the child support paperwork, which has many mistakes. I have two questions, is there any way to decrease the amount of support being paid? Also, if we pay for paternity testing, will they stop the support order and make the girl tell them who the real father is? Any advice would be helpful.
Thank you.
 


ceara19

Senior Member
What is the name of your state? Idaho

Hi. My husband and I have four children. He is currently paying support for a child that he believes is not his. That case is 3 years old, and the child is 6 years old. My husband has not always worked alot of hours, as he stays home with our kids and I work because I am the one with the degree. He works in the evening, so we don't have to pay expensive child care. His checks are garnished 50% because he is behind in his support. There is a great chance that this child is not his, he has never seen the child, my mother-in-law saw it one time, at about 2 months of age. We have requested all of the child support paperwork, which has many mistakes. I have two questions, is there any way to decrease the amount of support being paid? Also, if we pay for paternity testing, will they stop the support order and make the girl tell them who the real father is? Any advice would be helpful.
Thank you.
How was it determined that he was the father of this child? After 3 YEARS it will be virtually IMPOSSIBLE for him to have paternity changed even if he's NOT the father. The only real chance of a change in legal paternity would be if the REAL biological father challenged paternity.

If he isn't working FULL-TIME by choice, child support will still be set based on what he COULD earn working a 40 hour week. It won't be adjusted just because he sets his schedule around what is convenient for your family.

What do you mean by the child support paperwork "has many mistakes"?

One more thing, it is uncouth to refer to a child using the word IT unless the child's sex is UNKNOWN.
 

nextwife

Senior Member
He had a responsibility, and opportunity to challenge paternity and demand DNA testing at the time ythe order was eestablished. He either didn't challange, or outrights accepted paternity. Now paternity is legally establshed and he cannot now requrst dis-establishment. Legally this IS his child, regardless of whether the DNA matches or not, just the same as if he'd adopted the child. By failing to challenge paternity, he accepted paternity and basically "agreed" to become this child's legal parent. Now its a "done deal" and cannot be undone.

AS stated, if he is underemployed by working less than full time , CS willl be established based on what he could be earning.
 

AHA

Senior Member
What is the name of your state? Idaho

Hi. My husband and I have four children. He is currently paying support for a child that he believes is not his. That case is 3 years old, and the child is 6 years old. My husband has not always worked alot of hours, as he stays home with our kids and I work because I am the one with the degree. He works in the evening, so we don't have to pay expensive child care. His checks are garnished 50% because he is behind in his support. There is a great chance that this child is not his, he has never seen the child, my mother-in-law saw it one time, at about 2 months of age. We have requested all of the child support paperwork, which has many mistakes. I have two questions, is there any way to decrease the amount of support being paid? Also, if we pay for paternity testing, will they stop the support order and make the girl tell them who the real father is? Any advice would be helpful.
Thank you.

According to yourself, you don't have a degree yet. Just an FYI.

https://forum.freeadvice.com/showthread.php?t=340888
 

mochasgirl

Junior Member
I don't have alot of experience with the child support or health and welfare systems, so I thank you for the comments. I do understand that they base the support order on what he is capable of making, but do they also base the comparison of the mother to father income on what she is capable of making? Why would it not affect the support amount, if he did work full time, and we had to pay for child care? As I'm sure you are all aware, child care is very expensive. If he did not stay home, we would need to have some state assistance to pay for child care for four childen. I'm just confused, and I am not trying to get him out of paying, beleive me. I have been a single mom, as well.
I only said "it" about the child, because I am unsure of the sex of this child. In the health and welfare paperwork, it is reported that the child is female, but then on other papers, it is reported male. The paperwork also has three different birthdates. My husband has not seen the child, nor do we know where this mother is. We got an address and phone number from CSS and they were incorrect. My mother-in-law did see this child one time, for a very short visit, and I believe she says the child is a girl.
 

fairisfair

Senior Member
Idaho is a shared income model. In other words it takes into consideration both the custodial and noncustodial parents income.

How was paternity established? I am guessing that your husband was determined the father by default.

Okay, since you didn't want to answer the question regarding the age of your children, based on the fact that they are still requiring daycare, I am assuming that they are perhaps younger and older than the child in question. Which explains both your animosity towards this child, and your husbands lack of participation in the paternity proceedings.

oh wait, now I see where you say that you and your husband have 4 children, but then you say that you have been a single mom before as well. Something isn't adding up here.
 

nextwife

Senior Member
Idaho is a shared income model. In other words it takes into consideration both the custodial and noncustodial parents income.

How was paternity established? I am guessing that your husband was determined the father by default.

Okay, since you didn't want to answer the question regarding the age of your children, based on the fact that they are still requiring daycare, I am assuming that they are perhaps younger and older than the child in question. Which explains both your animosity towards this child, and your husbands lack of participation in the paternity proceedings.

oh wait, now I see where you say that you and your husband have 4 children, but then you say that you have been a single mom before as well. Something isn't adding up here.
Goodness! Do you have MORE kids than the four you have with your husband?
 

MrsK

Senior Member
Idaho is a shared income model. In other words it takes into consideration both the custodial and noncustodial parents income.

How was paternity established? I am guessing that your husband was determined the father by default.

Okay, since you didn't want to answer the question regarding the age of your children, based on the fact that they are still requiring daycare, I am assuming that they are perhaps younger and older than the child in question. Which explains both your animosity towards this child, and your husbands lack of participation in the paternity proceedings.

oh wait, now I see where you say that you and your husband have 4 children, but then you say that you have been a single mom before as well. Something isn't adding up here.
I have 2 children with my ex, I used to be a single mom...my husband and I have 2 children together. We both say we have 4 children. Even though they arent biologically his, they are "his kids" in the respect that he is like a father to them, even though legally he is not. Perhaps her situation is similar.
 

mochasgirl

Junior Member
I have two children from my previous marriage, ages 11 and 7. Their father is not involved, this is why I say they are our kids. My husband and my children are ages 4 and 2. There is the time that the three older ones are in school, but pre-school is half day, and then the days off of school. Most employers don't like to schedule around children's days off, therefore we would need to have some sort of child care. We have looked into child care in our home, and jobs where he could take our childen with him. He is absolutely wonderful with children. I was single for a couple of years, supporting the kids on my own.
I have no "animosity" towards this other child. I would love for the child to be a part of our lives. I absolutely love my children, the time I have with them, and all my neices and nephews. Like I said, we tried to get ahold of the mother, but the address and phone number we got from CSS was incorrect. It is my feeling that children need to be loved, and if we can give this child some more love, along with what they get at home, they would be a better person. I just want to really know if this is his child or not.
Just an FYI, my husband was adopted, and had a wonderful life. I am unable to have anymore children due to cancer, but we are looking into adoption, after my graduating from Graduate school, of course.
Anyway, my original question was, is there anyway to decrease child support?
Thank you.
 

ceara19

Senior Member
I have two children from my previous marriage, ages 11 and 7. Their father is not involved, this is why I say they are our kids. My husband and my children are ages 4 and 2. There is the time that the three older ones are in school, but pre-school is half day, and then the days off of school. Most employers don't like to schedule around children's days off, therefore we would need to have some sort of child care. We have looked into child care in our home, and jobs where he could take our childen with him. He is absolutely wonderful with children. I was single for a couple of years, supporting the kids on my own.
I have no "animosity" towards this other child. I would love for the child to be a part of our lives. I absolutely love my children, the time I have with them, and all my neices and nephews. Like I said, we tried to get ahold of the mother, but the address and phone number we got from CSS was incorrect. It is my feeling that children need to be loved, and if we can give this child some more love, along with what they get at home, they would be a better person. I just want to really know if this is his child or not.
Just an FYI, my husband was adopted, and had a wonderful life. I am unable to have anymore children due to cancer, but we are looking into adoption, after my graduating from Graduate school, of course.
Anyway, my original question was, is there anyway to decrease child support?
Thank you.
The only child care costs relevant to the child support case would be the cost of child care for the child subject to the court order. If your husband want to have a relationship with the child, he needs to file for visitation through the court. Once he has court ordered visitation, he could have a private DNA test done, however, the results will have no effect on his status as the LEGAL father. If/when he chooses to proceed with gaining visitation rights, he needs to be prepared to explain why he has waited 3 years to take legal action. He has known about the child for 3 years. Unless he has been comatose or incapacitated for the pat 3 years, he really has no good excuse for doing nothing up until now.
 

mochasgirl

Junior Member
Like I said previously, we have tried to get ahold of the mother and child with no success. The numbers and addresses we have been given from the CSS have been wrong, or the mail has been returned.
I am unsure where all of the unneeded attitude, that I sense, is coming from. I was just asking a question about the amount of support. We are not bad people. Everyone has made a mistake or two in their lives!
 

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