Please Help!

[Dallas2009]

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

My daughter's father and I are no longer together. He's been paying child support for her this whole year. We both agreed on an amount and that's what he's been paying. (no courts involved) Well he is getting custody of his 12yr old son (different mother) and wants to file for child support for my duaghter. I think he thinks he will pay less than what he is paying now. Recently a judge raised child support on his son and said that the first child automacially gets 25% of his gross income. My question is, is there a percentage for the second child? How is it determined? I'm not trying to burn anyone, just want to be able to support my daughter. Would this be a bad thing? My daughter is just as important as his son and I just want to be treated fairly...Please help meWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Antigone*]

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

My daughter's father and I are no longer together. He's been paying child support for her this whole year. We both agreed on an amount and that's what he's been paying. (no courts involved) Well he is getting custody of his 12yr old son (different mother) and wants to file for child support for my duaghter. I think he thinks he will pay less than what he is paying now. Recently a judge raised child support on his son and said that the first child automacially gets 25% of his gross income. My question is, is there a percentage for the second child? How is it determined? I'm not trying to burn anyone, just want to be able to support my daughter. Would this be a bad thing? My daughter is just as important as his son and I just want to be treated fairly...Please help meWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

If fair means that the court would order a lower amount than you are getting now, would you still want it to be fair?

 

[Dallas2009]

I almost think it would be fair to file for child support, that way it's fair to both children. Whether it's lower or not. Just would like to know what I'm looking at.

 

[Nevergrowup]

One thing you need to realize is that the first child is dealt with first, and your child will almost certainly get less. That might not seem fair to you, but the courts make sure the first child is taken care of first...parents shouldn't have more if they can't care for the first...so your child will not be treated equally.

Look at it this way...if first child was getting X amount, and second child different mother was born, would it be fair to lower that amount for the first child? How does the existence of the new child lower what the first child needs?

 

[The_Non-Mom]

I am sorry if I am misunderstanding, but doesn't it say that Dad is getting custody of Son? OP, do you mean like physical custody?

If that is the case, then any support he is paying now for Son could be reduced or even elminated, right? Which means the amount of support for Daughter would actually go up.

I think this is how I am understanding it.

 

[Dallas2009]

I don't want his amount for his son lowered. My daughter is just as important and I take care of her alone and now he will have to care for his son alone as well. I don't know if the child support he's paying for his son now will go down because he has custody. He still owes for missed payments and back pay to the state. I'm not sure. I don't expect to get what his son did. I just think if he files he's gonna pay a little less than what he pays me now and will have to add my daughter to his insurance so he's going to end up paying more regardless. I don't want him to struggle but I don't want to either. We both have children to care for. If he files, I could loose what little assistance I have now. Just trying to figure out what might be best for both of us.

 

[SweetSunflower]

Clicking on the 'child support form' link along the top of this page, will provide the opportunity to enter the relevent information necessary to determine the child support award when filing pro se.

NM State Judiciary Self Representation Website, Family Law:
NM State Judiciary Self Representation Website: Family Law: Uncontested Divorce Home


Does the fathers' older child live in and/or was the first support order issued in a different state then the one in which you reside? New Mexico does not determine the amount for child support based on a straight percentage of either parent's income.

New Mexico child support guidelines here:
NextPage LivePublish

 

[Dallas2009]

No, his court ordered child support was from here in New Mexico. The judge told him the first child automatically get 25% of his gross income no matter what. He (her father) says he's talked to child support and the amount he was paying will go down because he has custody but won't be in effect until Feburary of next year. He's been missing payments since he's gotten his son and I'm afraid I won't have a choice. Filing seems like the right thing to do. I'm just new at all of this and was looking for some outside advice.

 

[LdiJ]

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

My daughter's father and I are no longer together. He's been paying child support for her this whole year. We both agreed on an amount and that's what he's been paying. (no courts involved) Well he is getting custody of his 12yr old son (different mother) and wants to file for child support for my duaghter. I think he thinks he will pay less than what he is paying now. Recently a judge raised child support on his son and said that the first child automacially gets 25% of his gross income. My question is, is there a percentage for the second child? How is it determined? I'm not trying to burn anyone, just want to be able to support my daughter. Would this be a bad thing? My daughter is just as important as his son and I just want to be treated fairly...Please help meWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Dad may be making a mistake to file for child support right now. If he is getting custody of his older child, then your child would become the only child collecting child support, therefore it would possibly be higher than what he is paying now.

The way that it normally works is that the amount he pays for child support for his first child is deducted from his income, and the remaining income is what is using to determine support for a second child of a different relationship.

Google an online child support calculator for your state and play with the numbers to see how it works.