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Changing child support amount

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nemom3

Member
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
Isn't he legally obligated to notify someone if he has a change in income of more than 10%? I am not that familiar with CA law but don't most states require that a parent report a change of more than 10%? It should not matter if the change is more or less but it should be reported. This is to protect both parents.

I know some states will consider backdating the change if they find out that one parent deliberately avoided reporting to prevent paying more (or receiving less), so it should not matter to him how it changes he should still be morally obligated to report the changes and move forward.
 


Artemis_ofthe_Hunt

Senior Member
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
Wow. I wasnt expecting all that negativity. Should I have used the word *******? I was just looking for some advice.
ARE YOU KIDDING ME??? REALLY? ARE YOU KIDDING?

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.....
Ya know, the thing that bothers me the most about this post? The fact that here's this step-mom on here basically belittling this child by calling into question his parentage. As if this is the only situation she'd ever heard of having a child out of wedlock.... :rolleyes:
Also, by her statement he's avoiding helping the mother raise their child because... um... they chose to have more kids? The new wife by her asking this question apparently wants to avoid (or implies) spending anymore money than he already does on a child she didn't birth because that takes away from her child from another relationship?
 

AHA

Senior Member
Wow. I wasnt expecting all that negativity. Should I have used the word *******? I was just looking for some advice.
Um, an even halfway decent woman/mother would call it a CHILD, but I guess you're not one of them. Poor YOUR children.
 

Proserpina

Senior Member
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.
Yeah, I know. You're right. And I should know better - we see that far too frequently here unfortunately. :(
 

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