multiple kids - multiple states

[5little1s]

What is the name of your state? AZ and PA

I am currently living in AZ with my wife, our two biological children as well as my niece and nephew, whom we have legal guardianship of. I also have a son who resides in PA with his mother and grandparents. I am currently under a support order to pay $900/month for the one child in PA (no spousal support as we were never married).

My marriage is now going through a rough patch and my wife has made insinuations that she may not be sticking around much longer.

I understand (through my latest support hearing) that I am not legally financially responsible for my niece and nephew, and so they cannot be taken into consideration when calculations are made, so I will leave them out of the discussion.

I have "heard" that combined child and spousal support for any/all cannot exceed 1/2 of my income.
- My first question goes to whether that is fact, or if it varies by state laws.
- My second question is how that will work out, as my oldest son already receives almost 1/4 of my income for only the one child. I can only assume that combined spousal and child support for my wife and other two biologial children would be at least double what I pay for the one child in PA. Therefore the combination of the two would be nearly 3/4's of my income. If it is a fact that no more than 1/2 my income can be taken in total, how is that taken into consideration. If it was the same state, I can see where one arbitor (support hearings are handled by arbitors in PA) could preside over the entire thing, but with two seperate states involved, I am unsure what the mechanism for making the two courts co-operate is. I spoke to the arbitor at the last hearing on the matter, and he said that they [PA] did not take other support orders into consideration. That they have their formulas and that is what they use.

Anyhow, if you could shed any light on the situation for me, I would be greatful.
ThanksWhat is the name of your state?What is the name of your state?

 

[stealth2]

What makes you think your wife will be awarded spousal support?

As I recall (and I know someone else will jump in), the 50% (although I've seen 60%) is the maximum that can be garnished, not what can be ordered.

 

[LdiJ]

What makes you think your wife will be awarded spousal support?

As I recall (and I know someone else will jump in), the 50% (although I've seen 60%) is the maximum that can be garnished, not what can be ordered.

Correct....although his first order for child support will be deducted from his income prior to calculating the second.

 

[TinkerBelleLuvr]

The percentages change depending on how many families have to be supported. When there are multiple families, and second family lives with NCP, then 50%. Multiple families and they don't live with NCP 60%. Multiple families, don't live with NCP and more than 12 weeks in arrears, 65%.

That is out of the net check after taxes and required deductions are taken out of the check.

I've had to these calculations because of my job.

 

[CJane]

I can only assume that combined spousal and child support for my wife and other two biologial children would be at least double what I pay for the one child in PA.

As Ldi said, your CS that you pay to PA for your oldest child will be deducted from your income prior to setting the amount for the other two children. Your CS for them will likely be LOWER than what you pay for your oldest child rather than double, as you assume. The courts use a 'first come, first served' approach to CS, and your second family will receive proportionately less due to this.

Also, I don't know for sure whether PA and/or AZ are shared income states and that will make a difference as well.

Never assume that you'll pay SS.

 

[Gracie3787]

As I recall (and I know someone else will jump in), the 50% (although I've seen 60%) is the maximum that can be garnished, not what can be ordered.

That's correct. The Consumer Credit Protection Act limits the amounts that can be garnished, however, as you point out, a higher amount can be court ordered (just not garnished).

The absolute maximum is 65% when the obligor is in arrears with no second family to support. I'm posting the link again for those that want to look it up:

Title 15 chapter 41 http://www4.law.cornell.edu/uscode/#TITLES