Child support with Second child

[fburke]

Massachusetts

I have a 9-year-old son from a previous marriage. I have always paid my child support plus some without any issues from me or her.. My ex and I have been split up for about 4 years now...i live next door so i see my son almost every day and is a big part of my life.


My girlfriend of 2 1/2 years just gave birth to my second son a few moths back. We live together in a house we both own.

My question is because I pay so much to my ex for my first son 30% of my take home plus insurance, now that I have a second child does this change?

This has caused a little friction between my girlfriend and I because I pay so much to my ex it make it hard for me to chip in more now that we have a child also.


I’m not looking to cry poormouth to the courts but I do want to be fair to both sons.

Thank you

 

[stealth2]

Although Mass does take subsequent families into account, the guidelines do specifically state that they are subsequent children when the NCP remarries. So your second son may or may not come into play at all.

http://www.mass.gov/courts/formsandguidelines/csg2002.html

 

[haiku]

no, child support does not change because you have another child. You need to budget your 'new' life with your second son, as if that 30% did not exist in the first place.

in Ma. you cannot use subsequent kids as your only reason for a decrease in child support. there must be a significant change (20% up or down) in either your or the ex's income to warrant a change in support.

if your ex were to take you for an INCREASE you could use the child as a defense against it then.

in all cases barring the judges discretion, a subsequent child only counts for 2% of the initial order.

calculators.http://www.mass.gov/courts/formsandguidelines/csg2002.html

. EXPENSES OF SUBSEQUENT FAMILIES
In instances where the non-custodial parent has remarried and has children by a subsequent marriage, the court should examine such circumstances closely to determine in the allocation of available resources whether consideration beyond Part II Section I (Prior Orders of Support) should be given when the custodial parent of children borne of the first marriage, or subsequent marriages appears before the court seeking a modification of the existing child support order. Expenses of a subsequent family may be used as a defense to a request to modify an order seeking an increase in the existing order, but such expenses should not be considered a reason to decrease existing prior orders. In actions pursuant to G.L. c.209C, this paragraph shall be construed to apply equally to children born out of wedlock.


***It does apply to children born out of wedlock.

 

[ajfai]

Is there a court order for CS?

If there is a court order for CS for the first child then I doubt seriously that the order will change (decrease) for your second child. If it does it probabaly won't be much. I am not a lawyer and they will definitely correct me if I'm wrong. If there is no court order for the first child then if your gf decides to file for CS she will end up getting more in CS than your oldest child.

 

[ajfai]

Never mind

I guess it took too long for me to reply. They help more than I do

 

[fburke]

re

There is an agreement written into our divorce agreement…I’m not sure if this would be the same as “court ordered” stating the terms: and the amount. I pay bi-weekly because that is how I get paid and she was agreeable to that.

Neither one of us went through an attorney it was pretty cut and dry. We both had attorneys review the documents we drew up ourselves with minor suggestions either put in or removed under there advisement.