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Adoption and child support

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MamaLlama

Member
If a step-parent has several children in a second-marriage can they petition to change an existing order for child support because they now have more dependents that they are legally obligated to support? It seems unfair that children of "first families" could suddenly receive less support because of a choice the parent made later.
 


VeronicaGia

Senior Member
I don't understand your question. A step parent has no legal duty to support children that are not his/hers.

In some states, if a biological parent has more children with another person, he/she can petition the court for a downward modification of child support.
 
D

dorenephilpot

Guest
MamaLlama only:

You don't say what state you're from. However, in many states (Indiana is one example), you should know that even if a parent has a legal obligation for child support, that child support amount cannot be reduced by virtue of the fact that he/she chose to have other kids later.

The rationale: The parent knew about the obligation to support the first-born kids. If he/she chose to have other kids later, that's fine, but that's not a valid reason to reduce the support owed to the previous kids. The new kids are an additional obligation, not a basis for a reduced obligation for the first-born kids.

The law may be different in your top-secret state.
 

MamaLlama

Member
oops state is KS but order is in MO

The kids are step-kids now, but if they are adopted then it depends on the state whether the existing order for CS can be changed based on the new addition to the non-custodial parent's family?

The rationale for not being able to change previous obligations because a parent chooses to take on more responsibility makes perfect sense. It seems amazing that any state wouldn't protect the children in that way but laws don't always work that way now do they?

Thank you so much.
 

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