does new child affect previous cs payments

My husband has been paying $500 a month to his psychotic ex-wife for their daughter. We have felt that this was too high considering that we struggle financially every month and that is more than enough to raise a child in a proper manner and considering that we have her at least two or three times a week. She recently found out and was pissed off that I am going to have a child so she requested for a modification of his cs and it was subsequently increased to $800 a month. When my child is born in 4 months, can we then request for a modification of his cs to her because of this new baby. Do we have to be divorced and him pay cs to me for it to change or will it change simply because he has another child. Also, if it matters, I don't work. Any help would be greatly appreciated!!!!!

I understand your frustration, been there, done that. Sometimes it feels like our children (2nd families) don't really matter. I live in Minnesota and am not sure about the laws in other states, but here subsequent children do not factor into the calcultion for child support. However, they are suppose to be considered when a request for increase is made. Were you notified of the request for modification? Did you contest it? Did you have an attorney? What state are you from? A little more background might help me tell you what you can do.

In KY--second families are not considered at all in child support calculations. Our courts like to play parent and decide just how many children we should have, and if we have more than we can afford--too bad. (unless, of course, you're on welfare--then the more the merrier). Example: boy meets girl-get married young-have child-wife decides she hasn't had enough fun--infedility-divorce=child support. Man meets woman-deeply in love-marriage-children-this one will last forever! In this marriage, Mom and Dad are completely commited to family. Mom stays home with children (not because she in underqualified to earn $$--has degree--but feels it's best for family. Ex-wife hates all of this-uses courts to her advantage-insurance, child support...and guess what--courts are on her side because they don't care that this second marriage/family is exactly what it needs to be--All they care about is how much the county can bring in from "dead-beat dads" First child is worth $800/mo. The other three (half brothers and sister)-well, they aren't worth anything because we should have thought about that before we had them. Isn't it amazing that second marriage success rate is higher than first marriage???

$800 a month?? Get a lawyer and petition for modification. Don't try to do it yourself - if she has a lifestyle that requires her to spend $1600 a month on a child, maybe you should have tried for alimony! You're only supposed to support the kid, not her too.


Tracey

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

i am from il and its sad but true. We recently went to court and the judge actually said to my husband that his previos family comes first and to gat a second job to support the family he has now. It was real upsetting to hear this , especially from a member from the judical system . I do agree children come first.But all childern come first why should ours suffer. And why does the judical system allow the ex's to use the children to get back at the dads just out of spite not for need.You can almost refer to this type of action as child abuse. Courts need to separate vicious retaliation and concentrate on children...ALL CHILDREN. they shouldnt discrimminate. Check in your state but here in IL the statute allows for only 20 percent of a paycheck to be garnished for c.s.