Child support amount

[CuriousNancy201]

What is the name of your state (only U.S. law)? missouri

A little information about my situation. I had gone to court to establish custody and child support when son was 1, hes now 6. The state wanted my sons father (never married ) to pay 900 then but we agreed to 600 with me having residential custody and his father having weekends.

Since then his father has married, she stays home to care for his disabled son. Has had another child and makes 10$ more then he did. I work now and make just over minimum wage which is what they set my income at before. I have been living with my fiance the last 5 yrs and will be married next yr.

I have 2 questions :
1) IF my sons father takes it back to court will they make him pay more since he now makes more?

2) will they include my fiances income with mine?

 

[LdiJ]

What is the name of your state (only U.S. law)? missouri

A little information about my situation. I had gone to court to establish custody and child support when son was 1, hes now 6. The state wanted my sons father (never married ) to pay 900 then but we agreed to 600 with me having residential custody and his father having weekends.

Since then his father has married, she stays home to care for his disabled son. Has had another child and makes 10$ more then he did. I work now and make just over minimum wage which is what they set my income at before. I have been living with my fiance the last 5 yrs and will be married next yr.

I have 2 questions :
1) IF my sons father takes it back to court will they make him pay more since he now makes more?

2) will they include my fiances income with mine?

If either one of you take it back to court the court will raise his child support since his income is higher. They might give him some credit for the second child, but if he is making 10.00 more an hour, and you gave him a break the first time around, his child support is definitely going to go up.

No, neither his wife's nor your fiancé's income will count. Nor will it matter than his fiancée is not working.

 

[CuriousNancy201]

He actually has 2 other children. Hes arguing that medical costs for his disabled son have increased and since im now making more also and no longer paying daycare his payments should be lower.

 

[Ohiogal]

If either one of you take it back to court the court will raise his child support since his income is higher. They might give him some credit for the second child, but if he is making 10.00 more an hour, and you gave him a break the first time around, his child support is definitely going to go up.

No, neither his wife's nor your fiancé's income will count. Nor will it matter than his fiancée is not working.

Not necessarily. Depends on how much daycare, extraordinary expenses and other items are.

 

[LdiJ]

He actually has 2 other children. Hes arguing that medical costs for his disabled son have increased and since im now making more also and no longer paying daycare his payments should be lower.

He might get some extra credit because his son is disabled, but I still cannot see them lowering his child support. You already gave him a big break and he is making 10.00 an hour more. I think that he will discover that if he petitions to change child support that he is going to regret doing it.

The problem I think is that because you gave him a break before, he has it in his head that child support can/will be negotiated. You just have to decline to negotiate.

 

[CTU]

He actually has 2 other children. Hes arguing that medical costs for his disabled son have increased and since im now making more also and no longer paying daycare his payments should be lower.

How much was daycare?

 

[CuriousNancy201]

I was paying 50 a week in daycare to my mom at the time the original orders. But have not had daycare in a few yrs.

 

[LdiJ]

I was paying 50 a week in daycare to my mom at the time the original orders. But have not had daycare in a few yrs.

Still though, you were imputed the same money that you are making now...he got a 300.00 a month break the first time around and is making 10.00 an hour more now. I just cannot see him getting anything lower than what he has now, and I can see him getting a significant increase, even if the judge does give him a break due to his disabled son.