Paying support to two different mothers

[Humusluvr]

What is the name of your state? Texas

Hello All!

I am not married to the father of my child who will be born in 4 months. He has a child from a previous relationship, but he and the mother have an extremely poor relationship.

When she found out that I am pregnant, she said she was going to sue him for more child support. Won't everything change after MY child is born, if I ask for support? Isn't she wasting her time and resources?

Should I ask for support if the father and I are still in a relationship? He doesn't live with me, he doesn't pay my bills, and the relationship may not last forever. Would it be better just to file for support as soon as the baby is born so that I cover my bases?

How is support determined when there are two different women receiving support. He has one child with her, and will have one with me. I know that I am going to need the money, and if his ex ups her payment, he may not have what he needs to help me and our brand new child. He might not be dependable.

Just looking to cover my bases. Can you guys think of any other questions I need to ask, things I need to file for, or ways to deal with his ex (she is already angry that I am pregnant, so I just don't want to get messed with).

thanks all!What is the name of your state?

 

[CallMeMack]

doesn't matter if he's got 100 kids with 100 different women, he's still got to pay support for each one...

get it done through the court. have him do a paternity test when the child is born. it's not really covering your bases....it's covering the child's bases...

 

[nextwife]

Her order will be deducted first. If she has already filed, her modifiation case will be figured first.

The calculations on YOUR cs will be done based upon his remaining income after child one gets their CS.

 

[CJane]

Her order will be deducted first.

And... TX uses a % of NCP's income to figure CS. So, he's paying roughly 20% (I think) of his income to Mommy 1. Your CS will be figured at 20% (again, not sure if that's TX or IL) of whatever is left.

If she has already filed, her modifiation case will be figured first.

This may or may not be true. I know that in a few states it's possible for a modification request to be put 'on hold' pending the birth of a new child. Also, if there's no significant change in his income, and it's not time for a mod anyway, Mom1 is likely blowing smoke.

 

[Accountable]

In Texas, the support guideline is 20% of NCP's net resources for one child OR 25% for two children IF they are in the same household. Here is the Texas Code for calculating support for children living in separate households.

§ 154.128. COMPUTING SUPPORT FOR CHILDREN IN MORE THAN ONE
HOUSEHOLD. (a) In applying the child support guidelines for an
obligor who has children in more than one household, the court shall
apply the percentage guidelines in this subchapter by making the
following computation:
(1) determine the amount of child support that would
be ordered if all children whom the obligor has the legal duty to
support lived in one household by applying the schedule in this
subchapter;
(2) compute a child support credit for the obligor's
children who are not before the court by dividing the amount
determined under Subdivision (1) by the total number of children
whom the obligor is obligated to support and multiplying that
number by the number of the obligor's children who are not before
the court;
(3) determine the adjusted net resources of the
obligor by subtracting the child support credit computed under
Subdivision (2) from the net resources of the obligor; and
(4) determine the child support amount for the
children before the court by applying the percentage guidelines for
one household for the number of children of the obligor before the
court to the obligor's adjusted net resources.
(b) For the purpose of determining a child support credit,
the total number of an obligor's children includes the children
before the court for the establishment or modification of a support
order and any other children, including children residing with the
obligor, whom the obligor has the legal duty of support.
(c) The child support credit with respect to children for
whom the obligor is obligated by an order to pay support is
computed, regardless of whether the obligor is delinquent in child
support payments, without regard to the amount of the order.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.

 

[Humusluvr]

In Texas, the support guideline is 20% of NCP's net resources for one child OR 25% for two children IF they are in the same household. Here is the Texas Code for calculating support for children living in separate households.

Very confusing - I had read that and trying to get someone to clarify for me.

Will each of us get half of 25%, or will she get his first 20% and I get 20% of the rest of his take home pay?

Or, will they recalculate his amount to include two children? Will she get less to accommodate me and his new child?

He currently has his other child on his health insurance. Will mine go on there too?

Thanks all!

 

[moburkes]

It shouldn't cost him a dime to add your child to his health insurance. For example, if he gets paid $500/week, she gets 20% of that, or $100. He has $400 left. You get 20% of that, or $80.

 

[Accountable]

It shouldn't cost him a dime to add your child to his health insurance. For example, if he gets paid $500/week, she gets 20% of that, or $100. He has $400 left. You get 20% of that, or $80.

I agree with Mo. The support to the first child is deducted from his net resources before calculating what he owes for your child......however, he may not be required to pay you support at all as long as the child lives in his household.

 

[Humusluvr]

I agree with Mo. The support to the first child is deducted from his net resources before calculating what he owes for your child......however, he may not be required to pay you support at all as long as the child lives in his household.

Child would not live in his household.

He has a house, I own a house 30 minutes away. I pay all my own bills, he doesn't give me any money, and he doesn't live here.

We couldn't leave my house and live with him because He lives in the middle of nowhere on a ranch and I'm a diabetic. I need a hospital nearby, and access to health care. When the baby comes, I will be the person taking the baby to daycare and school, because I'm a teacher and have a regular schedule in town. He works starting at 4 am and ending at 9 pm, doing ranch work - he would have to leave with the baby at 3 am to take him/her to town to someone UP at 3 am and then go get the baby at 10 at night. That would be rough.

I'm a single mom whether I stay with him or leave. That was the problem with his ex. She left for a bigger town where she could get a job and be near her parents to help with the baby. Neither of us want to live in the wilderness with a child and rattlesnakes and cougars. And illegals or narcos crossing the border in our back yard (we live right on the Mexican border). I have a good career in education and could potentially support the baby on my own if need be. That is one of the great things about being a teacher, I have all holidays and summers off to raise a child the right way.

I am truly just trying to make the best of a rotten situation. I want to plan before the baby is born so I can do paperwork and set up dates before I go on bedrest, which may be as soon as December. I'm really scared because I was told that I could never get pregnant because of my diabetes and that if I did, the baby would be deformed. Now, I am having a baby, all ultrasounds have shown it to be progressing so beautifully, I'm testing my bloodsugars 12 times a day and eating according to my diet down to a T. I have done it all on my own so far.....

 

[Ohiogal]

And none of this thread matters if you relocate to Ohio. Read your PM from me OP.

 

[stealth2]

That is one of the great things about being a teacher, I have all holidays and summers off to raise a child the right way.

So those of us who work real jobs and don't have summers & holidays off raise our children the "wrong" way? You may want to watch how you phrase things.

 

[moburkes]

So those of us who work real jobs and don't have summers & holidays off raise our children the "wrong" way? You may want to watch how you phrase things.

And, the other part of that is this: Is our OP raising her children the WRONG way the rest of the year?

 

[nextwife]

I may be old fashioned, but being raised by both a mother and a father is considered "the right way" by many people.

 

[moburkes]

I may be old fashioned, but being raised by both a mother and a father is considered "the right way" by many people.

I think the "old-fashioned" way means by birth parents - both of them.

 

[Humusluvr]

So those of us who work real jobs and don't have summers & holidays off raise our children the "wrong" way? You may want to watch how you phrase things.

You may want to watch how YOU phrase things too. so teaching isn't a real job?