What to do?

[reallypeeved]

What is the name of your state? NC
This is complicated. My husband is military and had a child with an ex girlfriend before we met. She lives in PA and he lived in SC at the time. Long story short he was paying child support on his own and then the ex filed thru the courts for CS for whatever reason. (His pay goes directly to SC) No big deal. Well, now we are married obviously and we have a child together (we live in NC now, the ex still in PA.) To add to it, I have a daughter from a previous MARRIAGE that lives with us. The difference being, My ex and I are very civil and don't irritate each other. Another thing is that my husbands pay has significantly dropped when we moved here...i.e. he left the drill field, we no longer collect BAH so on and so forth. Well, when SC figured what he needed to pay in CS my hubby was single at the time, collected more money, and didn't have any other children to pay for which is completely opposite now. To add to it, the ex harrasses my husband claiming to file for more money. My question is...can she get more money? Can we pay less since he makes less and has another child? And finally, do we need to go BACK to SC to file or refile any paperwork in reguards to this? Any sound advice will help me sleep better at night.

[stealth2]

It's unlikely that he'll get a significant decrease due to your child together. He'll get no decrease due to your child that's not his. If his income is lower due to voluntary actions, it's unlikely he'll get a decrease for that, either.

Most likely, he would need to file to have NC take jurisdiction of the support issues. But given that he may not really get a significant break, it's probably not worth it.

[NCP Dad in TN]

I know how you feel!
To put your mind at ease, I would schedule an appointment with an attorney to get all the information you are seeking. Many attorneys offer their first consultation for free.
I am NOT an attorney... but I think that if his income has increased or decreased, it must have varied at least 15% before any change can be made... if it has changed that much, I would attempt to get support reduced based on his new income. If you think about it, what do you have to lose by trying? You can't get what you want if you don't even ask. Worst case scenario support would stay the same... and you'd be able to move on...
Good luck!

[brisgirl825]

I know how you feel!
To put your mind at ease, I would schedule an appointment with an attorney to get all the information you are seeking. Many attorneys offer their first consultation for free.
I am NOT an attorney... but I think that if his income has increased or decreased, it must have varied at least 15% before any change can be made... if it has changed that much, I would attempt to get support reduced based on his new income. If you think about it, what do you have to lose by trying? You can't get what you want if you don't even ask. Worst case scenario support would stay the same... and you'd be able to move on...
Good luck!

If dad's income decreased for voluntary reasons, his support would not go down. The new child may not make much of a difference as Stealth mentioned.
The best advice here is to get a job, stop making babies you can't afford, and go after the father of your first born for support, your new husband has no rights or responsibilities to him/her.

[reallypeeved]

Brisgirl: keep your mouth shut bout things you do not understand. Did you not read we are MILITARY? Do you think enlisted men and women who protect YOUR right to run your big mouth have a say in what the military chooses to do with them? Then you really are foolish. If you had a thread of knowlegde about what YOU chose to comment on then you would know how military pay fluctuates, but of course you don't. As for the job part, well I won't even entertain that one. I can't quite figure out how you got the impression that he and I were somehow jobless...And never did I say that my ex and I did not have things worked out. Quite the contrary. I suppose you just lack the capacity to even proccess what I wrote, so I won't waste any more time on you. As for the other two, thank you very much for your response. It's very appreciated. But I'm not quite sure what you meant by voluntary reasons in decrease in pay. The way the drill field works is that it's a hardship tour which grants you more pay as compensation for your NEVER being home. After 3 years you ARE NOT ALLOWED to continue on the drill field. So we were sent to NC. It's not like we had a choice to stay, and with his reassignmment thus goes away some pay. Does that consitute a voluntary decrease? That said, should we go back and ask the court to review what both he and she now make? By the way, the reason I mentioned my daughter from a prior marriage was only to show how drastically different our new circumstances now are.

[betterthanher]

Brisgirl: keep your mouth shut bout things you do not understand. Did you not read we are MILITARY? Do you think enlisted men and women who protect YOUR right to run your big mouth have a say in what the military chooses to do with them? Then you really are foolish. If you had a thread of knowlegde about what YOU chose to comment on then you would know how military pay fluctuates, but of course you don't. As for the job part, well I won't even entertain that one. I can't quite figure out how you got the impression that he and I were somehow jobless...And never did I say that my ex and I did not have things worked out. Quite the contrary. I suppose you just lack the capacity to even proccess what I wrote, so I won't waste any more time on you. As for the other two, thank you very much for your response. It's very appreciated. But I'm not quite sure what you meant by voluntary reasons in decrease in pay. The way the drill field works is that it's a hardship tour which grants you more pay as compensation for your NEVER being home. After 3 years you ARE NOT ALLOWED to continue on the drill field. So we were sent to NC. It's not like we had a choice to stay, and with his reassignmment thus goes away some pay. Does that consitute a voluntary decrease? That said, should we go back and ask the court to review what both he and she now make? By the way, the reason I mentioned my daughter from a prior marriage was only to show how drastically different our new circumstances now are.

Well jerkoff, now that you've responded acting like a freaking a-hole, you can pretty much forget getting anymore advice from people on here.

You've got financial problems...then I hope you still have Sunday's paper laying around. Look in the "index" section and see where the classified listings begin.

[reallypeeved]

If you called what she wrote advice, then I don't require a response from you.
Jerkoff? Ahole...? Thats so not impressive.

[stealth2]

But I'm not quite sure what you meant by voluntary reasons in decrease in pay. The way the drill field works is that it's a hardship tour which grants you more pay as compensation for your NEVER being home. After 3 years you ARE NOT ALLOWED to continue on the drill field. So we were sent to NC. It's not like we had a choice to stay, and with his reassignmment thus goes away some pay. Does that consitute a voluntary decrease? That said, should we go back and ask the court to review what both he and she now make? By the way, the reason I mentioned my daughter from a prior marriage was only to show how drastically different our new circumstances now are.

That could be considered a valid decrease in income, so it would certainly be worth exploring. Your daughter from the prior marriage, your getting married, and the child you share will likely have no impact whatsoever. Many states assume that you were aware of the existing financial obligation prior to having another child and will not decrease support as a result. Even those that WILL take the child into account will only result in a very small decrease (and I'm talking like $20/mo).

[stealth2]

Well jerkoff, now that you've responded acting like a freaking a-hole, you can pretty much forget getting anymore advice from people on here.

Dude - don't presume to speak for others.

[betterthanher]

If you called what she wrote advice, then I don't require a response from you.
Jerkoff? Ahole...? Thats so not impressive.

And you think I care because.....???

[brisgirl825]

Brisgirl: keep your mouth shut bout things you do not understand. Did you not read we are MILITARY? Do you think enlisted men and women who protect YOUR right to run your big mouth have a say in what the military chooses to do with them? Then you really are foolish. If you had a thread of knowlegde about what YOU chose to comment on then you would know how military pay fluctuates, but of course you don't. As for the job part, well I won't even entertain that one. I can't quite figure out how you got the impression that he and I were somehow jobless...And never did I say that my ex and I did not have things worked out. Quite the contrary. I suppose you just lack the capacity to even proccess what I wrote, so I won't waste any more time on you. As for the other two, thank you very much for your response. It's very appreciated. But I'm not quite sure what you meant by voluntary reasons in decrease in pay. The way the drill field works is that it's a hardship tour which grants you more pay as compensation for your NEVER being home. After 3 years you ARE NOT ALLOWED to continue on the drill field. So we were sent to NC. It's not like we had a choice to stay, and with his reassignmment thus goes away some pay. Does that consitute a voluntary decrease? That said, should we go back and ask the court to review what both he and she now make? By the way, the reason I mentioned my daughter from a prior marriage was only to show how drastically different our new circumstances now are.

Lsiten woman, I never presumed to know if your husband's increase was voluntary or not. If it wasn't then he can petition for a decrease.

However, your kid together may not even be taken into account and definitely one that is not his has NO bearing on his cs obligations. If you need a decrease b/c you have kids to take care of, stop having kids...simple as that. Science has come a long way in the birth control department. Contact your gyn.

[BelizeBreeze]

What is the name of your state? NC
This is complicated. My husband is military and had a child with an ex girlfriend before we met. She lives in PA and he lived in SC at the time. Long story short he was paying child support on his own and then the ex filed thru the courts for CS for whatever reason.

The "reason" is because it's her legal right to do so

(His pay goes directly to SC) No big deal. Well, now we are married obviously and we have a child together (we live in NC now, the ex still in PA.) To add to it, I have a daughter from a previous MARRIAGE that lives with us. The difference being, My ex and I are very civil and don't irritate each other.

All irrelevant facts.

Another thing is that my husbands pay has significantly dropped when we moved here...i.e. he left the drill field, we no longer collect BAH so on and so forth.

O.K. MAYBE relevant

Well, when SC figured what he needed to pay in CS my hubby was single at the time, collected more money, and didn't have any other children to pay for which is completely opposite now.

YOUR child is irrelevant as you are (should be) collecting support for which is not your current husband's obligation or excuse.

To add to it, the ex harrasses my husband claiming to file for more money. My question is...can she get more money?

That is a question of fact for the court to decide. If the state minimum is more than he has been paying, then yes, very possible.

Can we pay less since he makes less and has another child?

Again, YOUR child is not his concern. And there is no "We". Also, if you receive child suupport then that will be factored into "HIS" obligation. If you are NOT receiving support, then the court won't look at your lack of committment to YOUR child as an excuse for your current husband to get a lower CS impuned to him.

And finally, do we need to go BACK to SC to file or refile any paperwork in reguards to this? Any sound advice will help me sleep better at night.

Jurisdiction remains with the original state or where the child is currently living. Therefore, if there is no existing order, it will be PA. NOT Sc since no party to this resides in SC currently.

And there is no "WE". The ONLY issue for YOU is whether or not YOUR child is getting support payments from HIS father.

[bononos]

I believe he has his child, she has her child, and they have one together also, right?

[bononos]

This might help:
[url]http://www.pacode.com/secure/data/231/chapter1910/s1910.16-7.html[/url]
This applies only if there is more than one support order.
Look around on the site though, it may be helpful.
Also, go here:
[url]http://www.divorcelawinfo.com/PA/cal/PACSC.html[/url]
Are you military too?
Your first post only said he was.

[reallypeeved]

Bononos & Stealth...ppl who actually read instead of shooting off at the mouth. LOL Yes, He and I have a BIOLOGICAL child TOGETHER for those others who don't get it. I had no question about his obligation to MY daughter. There obviously is none...Geesus ppl don't read. 1+1+1=3. In any event thanks Bononos, I'll check it out. Thanks for the help Stealth And for the one who keeps talking about "baby making." If ones taking care of children seems to rub you so wrong, jump off the child support forum and find yourself and abortion rights activist forum...sounds more up your alley.