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  1. #1
    almostsm is offline Member
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    Child Support/subsequent children

    What is the name of your state? MO

    The state of MO allows a child support credit for children not part of the divorce/custody action who are in either of the parties custody, and that party is not recieving support for that child. The rules for this credit are: If one parent decides to have more children to get more/lessen child support, and that parent is the one who requested the child support modification, then those new subsequent children will not be taken into consideration in the modification calculation. However, if the parent who did not have the new children files for a modification, then those new children will be taken into consideration because their parent is not the one who asked for the modification.

    Parent A has physical custody of the 2 children who are part of the divorce action. Parent A recieves child support from Parent B for those 2 children.

    When the original order was made, Parent B had already started a new life and had a child who is still living with him. That child was taken into consideration in the child support calculation.

    Parent A had an older child from a previous relationship who she left with her parents in another state. As soon as the current order was made, and after all these years (the child is 14-years-old,) Parent A pulled that child out of her parent's custody to finally live with her. We're thinking she did this because she found out about the credit given for this other child.

    Parent A is fully aware of where this older child's father lives, yet refuses to file for child support for him. When the parents were together, Parent B urged her to file, yet she did not. So Parent B (when the child support order is eventually modified,) will have to pay a larger amount of child support when it is modified.

    Is there any way to use that in court when the order is modified?

    I understand it's Parent A's loss (of about $300/mo.) by not filing for support for her older child, but that is making Parent B suffer financially by paying for this extra child who is able to get support from other means. Yes, I understand Parent A is essentially paying for Parent B's new child (by getting less support via the credit given for him,) but Parent B is not getting support for this new child, and there is no outlet to get support for him. When the parents were together, this older child did not live with them because Parent A refused to take care of him (which enforces Parent B's hunch that she's just letting the child live with her for the extra money- she hasn't filed for a modification because she knows if she does it the child won't count.) Parent A has that outlet, yet refuses to use it... she's already told Parent B, "Why should I file for support for him when I can get it from you? Why deal with 2 people when I only have to deal with 1?"
  2. #2
    Whyte Noise is offline Senior Member
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    Uhm...

    The 14 year old isn't a "new" child that's been born since the order was written.

    Quote Originally Posted by almostsm
    The rules for this credit are: If one parent decides to have more children to get more/lessen child support, and that parent is the one who requested the child support modification, then those new subsequent children will not be taken into consideration in the modification calculation. However, if the parent who did not have the new children files for a modification, then those new children will be taken into consideration because their parent is not the one who asked for the modification.
    She didn't decide to have more children, this is an older child she already had.
  3. #3
    nextwife is offline Senior Member
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    Quote Originally Posted by almostsm

    Parent A has physical custody of the 2 children who are part of the divorce action. Parent A recieves child support from Parent B for those 2 children**************..

    Is there any way to use that in court when the order is modified?
    ... she's already told Parent B, "Why should I file for support for him when I can get it from you? Why deal with 2 people when I only have to deal with 1?"
    Ummm, she's confused if she thinks that law is applicable to her getting MORE support? She is the CP, you do NOT have to pay CS for the child she had living with her parents before you two got together. As MG said, this is NOT a "subsequent" financial obligation" of the NCP! Your children don't cost more because she took custody back from her parents of an unrelated child!
    Last edited by nextwife; 04-29-2005 at 07:13 AM.
  4. #4
    brisgirl825 is offline Senior Member
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    Children also don't cost less b/c of a NCP having more children. If you can't afford the ones you have, don't make more.

    Sarah
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by nextwife
    Ummm, she's confused if she thinks that law is applicable to her getting MORE support? She is the CP, you do NOT have to pay CS for the child she had living with her parents before you two got together. As MG said, this is NOT a "subsequent" financial obligation" of the NCP! Your children don't cost more because she took custody back from her parents of an unrelated child!
    I believe what they are saying is that mom will now get a "credit" on the child support calculation because her older child is living with her....and she is not the one asking for the modification.

    Obviously dad is asking for a reduction, and isn't going to get as much of a reduction as he wants (or is going to end up with an increase instead of a reduction) as a result.

    My response to the OP: Each of you have another child that you are supporting, therefore you will both be getting credits for those children. Its basically a "wash" as far as I am concerned. Its a little hypocritical of you to want credit for your child, but not to want her to get credit for hers.

    Its also kind of foolish to assume that she would take on the support of her older child just for the purposes of a child support modification. It costs a WHOLE lot more to support a teenager than would ever be reflected in a credit on a CS calculation.

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