Qualified Other Children

[DA412]

What is the name of your state (only U.S. law)? TN

I'm paying child support to my ex according to the Income Shares Model in TN. I was reading through the Child Support Guidelines where it talks about Qualified Other Children. From what I understand, if she and I have other children from different relationships, there would be a credit given against our gross income.

She currently lives with her boyfriend with whom she has a child with. My wife and I have no children together.

I'm a little confused about whether or not she'd be able to receive the credit for her other child if she's living with the child's father and he supports the child. The guidelines are unclear about that. What do y'all think?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[proud_parent]

What is the name of your state (only U.S. law)? TN

I'm paying child support to my ex according to the Income Shares Model in TN. I was reading through the Child Support Guidelines where it talks about Qualified Other Children. From what I understand, if she and I have other children from different relationships, there would be a credit given against our gross income.

She currently lives with her boyfriend with whom she has a child with. My wife and I have no children together.

I'm a little confused about whether or not she'd be able to receive the credit for her other child if she's living with the child's father and he supports the child. The guidelines are unclear about that. What do y'all think?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

Is Mom's other child living with Mom at least half of the time? If so, a quick reading of the law seems to indicate that Mom would receive a credit for that child.

1240-2-4-.04 DETERMINIATION OF CHILD SUPPORT.
{snip}
(e) Calculation of Credit for Qualified Other Children.
1. “In-Home” Children.
(i) To receive a credit against gross income for qualified other children whose primary residence is with the parent seeking credit, but who are not part of the case being determined, the parent must establish a legal duty of support and that the child resides with the parent fifty percent (50%) or more of the time.
(I) By way of example, and not by limitation, documents that may be used to establish that the parent and child share the same residence include the child’s school or medical records showing the child’s address and the parent’s utility bills mailed to the same address, court orders reflecting the parent is the primary residential parent or that the parent shares the parenting time of the child 50% of the time.
(II) Children may be deemed to be living in the parent’s household though living away from the parent to attend private school [Kindergarten through grade 12].
(ii) The available credit against gross income for either parent’s qualified “in-home” children is seventy-five percent (75%) of a theoretical support order calculated according to these Guidelines, using the Credit Worksheet, the parent’s gross income

1240-2-4-.02 DEFINITIONS.
{snip}
“Legally Responsible for a Child” — For purposes of this chapter, a person is “legally
responsible for a child” or legally obligated for a child or children when the child is or has
been:
(a) Born of the parent’s body;
{snip}

 

[DA412]

Yes, the child is living with Mom and also with the child's father.

So, any future children she has will qualify for the credit even if the father is supporting them?

 

[stealth2]

So, any future children she has will qualify for the credit even if the father is supporting them?

Yes, because BOTH parents are expected to support them.