Changing child support amount

[Mrsw1]

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

My husband currently pays child support for an illegitimate child that he had prior to our marriage. He is hesitant to request to have the order changed because he now makes more money than he did when the original order was placed.

However, he is now married with a stepchild as a dependent and another child on the way. Is it likely that he will end up having to pay more? Or will he be able to get it decreased due to the marriage and dependents?

Thanks

 

[Zephyr]

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

My husband currently pays child support for an illegitimate child that he had prior to our marriage. He is hesitant to request to have the order changed because he now makes more money than he did when the original order was placed.

However, he is now married with a stepchild as a dependent and another child on the way. Is it likely that he will end up having to pay more? Or will he be able to get it decreased due to the marriage and dependents?

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

He is not legally obligated to support his step child, due to the increase in income, it is very likely his support would go up.

illegitimate child

 

[Proserpina]

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

My husband currently pays child support for an illegitimate child that he had prior to our marriage. He is hesitant to request to have the order changed because he now makes more money than he did when the original order was placed.

However, he is now married with a stepchild as a dependent and another child on the way. Is it likely that he will end up having to pay more? Or will he be able to get it decreased due to the marriage and dependents?

Thanks

Is there a reason why his first child should receive less support because Dad has a new family?

(I'm not being facetious - it's a genuine question)

 

[LdiJ]

He is not legally obligated to support his step child, due to the increase in income, it is very likely his support would go up.

illegitimate child

It blew me away that anyone would even have the nerve to use that term in this day and age...and on top of that it isn't even legally relevant.

Even after the child on the way is born, its unlikely that any credit for that child would offset his increase in income.

 

[Mrsw1]

Wow. I wasnt expecting all that negativity. Should I have used the word *******? I was just looking for some advice.

 

[Proserpina]

Wow. I wasnt expecting all that negativity. Should I have used the word *******? I was just looking for some advice.

"out of wedlock" would've worked too.

However, you did ask the question - the answer is (as I think another poster said) is that it's unlikely he will get a downward modification.

By how much has his salary increased?

 

[mdgtfrmhll]

Wow. I wasnt expecting all that negativity. Should I have used the word *******? I was just looking for some advice.

Seriously...this is how you refer to your husband's SON and/or DAUGHTER? What a piece of work you are. Makes me cherish jr.'s stepmom all the more. She would never think to refer to our son that way.

 

[Proserpina]

Seriously...this is how you refer to your husband's SON and/or DAUGHTER? What a piece of work you are. Makes me cherish jr.'s stepmom all the more. She would never think to refer to our son that way.

Seriously - I'm hoping it's nothing more than a case of "can't think of the right word, I'm on a legal board though, what's the technical term for it again?" rather than "Not really his child....more like an inconvenience than anything else".

It could very well be the former.

Hopefully, right?

 

[mdgtfrmhll]

Seriously - I'm hoping it's nothing more than a case of "can't think of the right word, I'm on a legal board though, what's the technical term for it again?" rather than "Not really his child....more like an inconvenience than anything else".

It could very well be the former.

Hopefully, right?

I was giving her the benefit of the doubt on the IC remark...until she came back with the "Should I have used the word *******?" After that the benefit of the doubt went out the window.....

 

[Proserpina]

I was giving her the benefit of the doubt on the IC remark...until she came back with the "Should I have used the word *******?" After that the benefit of the doubt went out the window.....

It's entirely possible that my idealistic optimism is misplaced. It was a long night, y'know

 

[mdgtfrmhll]

It's entirely possible that my idealistic optimism is misplaced. It was a long night, y'know

LOL....oh come on...you just are that sweet person hoping for the best in everyone.....

 

[Proserpina]

LOL....oh come on...you just are that sweet person hoping for the best in everyone.....

Yes, that's precisely what's going on here! Absotively posilutely.

OP - seriously, we can't help you without more details. Please, post back with more information if you need assistance.

 

[Isis1]

i can say with almost adament certainity, he will NEVER get a downward modification for being married and for support a child that is not legally his.


as for subsequent children.....i'm almost sure that's a no. but i'm going to go check....

so went on the CA Child Support site. it said it MAY take into account. only way to find out for sure, is to call

or read....


http://www.childsup.ca.gov/Portals/0/resources/docs/pub160_english.pdf

 

[LdiJ]

It's entirely possible that my idealistic optimism is misplaced. It was a long night, y'know

What bothers me is that in this situation its completely irrelevant legally. Dad is established as dad and has court orders. Therefore it matters not whether the parents were married.

If we want to give her the benefit of the doubt we could assume that somehow she thought it would make a difference, but my gut tells me that its because she thinks that she and her children are somehow superior in priority to the illegitimate child...sigh.

 

[nextwife]

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

My husband currently pays child support for an illegitimate child that he had prior to our marriage. He is hesitant to request to have the order changed because he now makes more money than he did when the original order was placed.

However, he is now married with a stepchild as a dependent and another child on the way. Is it likely that he will end up having to pay more? Or will he be able to get it decreased due to the marriage and dependents?

Thanks

Legally, only you and your child's father have a responsibility to support hubby's stepchild. Hopefully, you and husband figured out how you and he could support an additional child with the pre-existing financial responsibilities you each already have to your already born kids in the calculations.