Modification for having another child?

[lizortiz89]

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

I am the mother of my fiance's second child. He pays child support for his first child and until the birth of our son, was able to keep up with his payments. The mother of his daughter filed for modification and was granted a higher amount. Currently, my fiance makes only about $300 a week and pays about $104 weekly, which leaves him without much to live off. I pay daycare for my son and all his expenses. What can I do to also get help by either lowering his payments or by getting child support myself. I dont believe his new child should be entitled to less than his first child and really want to know what can be done.

 

[moburkes]

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

I am the mother of my fiance's second child. He pays child support for his first child and until the birth of our son, was able to keep up with his payments. The mother of his daughter filed for modification and was granted a higher amount. Currently, my fiance makes only about $300 a week and pays about $104 weekly, which leaves him without much to live off. I pay daycare for my son and all his expenses. What can I do to also get help by either lowering his payments or by getting child support myself. I dont believe his new child should be entitled to less than his first child and really want to know what can be done.

The time to decide that your child shouldn't get less than the previously existing child was before the conception of your child. You're a little late for that one.

Do you live together?

 

[Silverplum]

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

I am the mother of my fiance's second child. He pays child support for his first child and until the birth of our son, was able to keep up with his payments. The mother of his daughter filed for modification and was granted a higher amount. Currently, my fiance makes only about $300 a week and pays about $104 weekly, which leaves him without much to live off. I pay daycare for my son and all his expenses. What can I do to also get help by either lowering his payments or by getting child support myself. I dont believe his new child should be entitled to less than his first child and really want to know what can be done.

Many states disagree with your belief/disbelief. You can google the child support guidelines for the state that issued the order for the first child and see if that state offers "rebates" for the prolific.

 

[Gracie3787]

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

I am the mother of my fiance's second child. He pays child support for his first child and until the birth of our son, was able to keep up with his payments. The mother of his daughter filed for modification and was granted a higher amount. Currently, my fiance makes only about $300 a week and pays about $104 weekly, which leaves him without much to live off. I pay daycare for my son and all his expenses. What can I do to also get help by either lowering his payments or by getting child support myself. I dont believe his new child should be entitled to less than his first child and really want to know what can be done.

A CS amount of $104 per week on a weekly income of $300 is rather high. Does he owe arrears or retroactive support?

I understand your thinking about each child should be treated equally, however, the law just doesn't work that way.

The first CS order will always be more than any subsequent orders, even in situations where that order is for a younger child.

Look at it this way, even in intact families each subsequent child can put a strain on finances and have an effect on all of the children. Basically, a parent really shouldn't have children that they will not be able to support especially if there is a prior CS order.

Short of you filing for a CS order (which will still be less than the first one) all you can really do will be to accept that you'll have the majority of the financial responsibilty for your child.

 

[Nocgirl]

You walked into this knowing he had previous obligations, now you get to deal with it. Your new child is generally not used to reduce support but the child can be factored in to avoid an increase. When was mom granted the higher amount, before or after the birth? You will be working full time and doing the majority of the support here if you want your child taken care of. He can ask to claim the child on taxes. Does he pay health insurance? All i can recommend he do is google the guidelines for his state to see what he should be paying.

 

[goddessoflubboc]

In Maryland, NCP can obtain a modification for an additional child that is their legal responsibility in the home if; the modification would change the cs order by 25% or more; and the court deems the modification is warranted by circumstances.

So just having the child doesn't change it, but it is out there. I will say in most orders the difference between the order considering one additional child and the old order doesn't meet the 25% requirement.

 

[Cainlord]

If they have an online CS calculator, its worth a spin through. You may be pretty surprised how much additional children count for in the calculations, or I should say, don't for a variety of states.

Probably the best thing for you if you are going to be committed in this relationship is for you to become the primary breadwinner, as any additional income he makes will rightfully be "deducted" by his child support obligation. And by the sounds of thing, the mother of his child will go back to court to get it modified if she feels it necessary, so don't expect to have situations like some guys have where they go many years without an increase because the mother doesn't go to the courts.

 

[ProSeDadinMD]

In Maryland, NCP can obtain a modification for an additional child that is their legal responsibility in the home if; the modification would change the cs order by 25% or more; and the court deems the modification is warranted by circumstances.

There's no reference anywhere in the Maryland CS code, or on the CS calculator from DHR,
http://www.dhr.state.md.us/cgi-bin/csea/worksheet.cgi? ,
about subsequent/new children or CS being a change of circumstances for an existing CS order, and I seriously doubt that a judge/master would lower CS on the first child because Dad couldn't refrain from making more babies.

 

[goddessoflubboc]

Actually, according to Family Law section 12-202, Use of Guidelines, Modification of Orders, found at THE CHILD SUPPORT GUIDELINES SECTION of MD LAW, what I stated is accurate.

Many states will modify an original order (at request) if a new child is born to the obligor, but most have minimum change amounts before they will do so.

 

[ProSeDadinMD]

Actually, according to Family Law section 12-202, Use of Guidelines, Modification of Orders, found at THE CHILD SUPPORT GUIDELINES SECTION of MD LAW, what I stated is accurate.

Many states will modify an original order (at request) if a new child is born to the obligor, but most have minimum change amounts before they will do so.

Maybe you should reread my post. I never said that it couldn't happen, I did, however, say that I "seriously doubt" that it would happen.

There's no reference anywhere in the Maryland CS code, or on the CS calculator from DHR,
http://www.dhr.state.md.us/cgi-bin/csea/worksheet.cgi? ,
about subsequent/new children or CS being a change of circumstances for an existing CS order, and I seriously doubt that a judge/master would lower CS on the first child because Dad couldn't refrain from making more babies.

But if you want to be the arbiter on Maryland code, and what will, or won't happen in a Maryland court, please be my guest...

 

[goddessoflubboc]

I also never said it was a guarantee. I also pointed out that because of the required 25% change it likely would not even be considered with just the one additional child.

It IS however part of the family code.