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Possible amount of CS

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hopefull2

Guest
What is the name of your state? GA

My husband had an affair and a child was concieved b/c of this. We have a son together as well. Does anyone know if the courts will take into consideration our son when determining the amount of child support he will have to pay?
 


nextwife

Senior Member
Honestly, I'd consider filing for legal seperation and CS from your husband NOW so there is already a child support order for your kid in place when child 2 is calculated for CS.

Is she in the same state as you?
 
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hopefull2

Guest
reply to nextwife

Actually my husband and I are still together. We ahvea n 8 yr. old and the other child is 2. Does that help?
 
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hopefull2

Guest
Test

yes- we did get a DNA test. He is definelty the father.
 
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hopefull2

Guest
CS changes

If my husband and I decieded to have another child (not anytime soon) would that affect the amount of CS he pays? Or does the court only look at children you have now.

Also, the court has asked my H to take bank statements with him to court. The bank account we have is only in my name. When we got together he closed his account and we just kept mine open and never added him. Does he still need to take these statements?
 

haiku

Senior Member
honestly it sounds like you NEED a lawyer.

your husband is going to have to fill out a financial affadavit showing his debt to income ratio, any assets, likely they will want paystubs, w-2 past years income tax, etc....

the child with a support order is ALWAYS going to come before the child WITHOUT one, even if the child without one is OLDER.

this was Nextwifes point, if in the future you and your husband do NOT stick together, the figure the court will use to set YOUR child support, for YOUR child, will be figured, after the support for this other child, is minused from his income. (example- your husband makes 50,000 a year, but pays 10,000 in support. the first childs support will always be figured on the 50 thou, but your support will always be figured on 40,000)

it depends on the state, but any children you have with your husband now or later, will likely only count for a small percentage credit towards his income used for child support, In my state the child I have with my husband is worth "2% off" any attempt his ex could make towards a raise in support.

As you can see not really worth having ANOTHER child for him to support, especially if you are worried about the possible support he will be paying now.

again you guys need a lawyer.....
 

VeronicaGia

Senior Member
hopefull2 said:
If my husband and I decieded to have another child (not anytime soon) would that affect the amount of CS he pays? Or does the court only look at children you have now.

Also, the court has asked my H to take bank statements with him to court. The bank account we have is only in my name. When we got together he closed his account and we just kept mine open and never added him. Does he still need to take these statements?
If the bank account is solely in your name, he doesn't have to bring the statements.
 
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hopefull2

Guest
Thank

That's what I thought but I just wanted to make sure. We are trying to do the right thing here. I am just so worried that the courts will ask him to pay an amount that will place us in a financial bind. I know that the range here is 17-23%, I am hoping we are somewhere in the middle. I guess we will find out when we go to court.
 

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