I think they need to level the playing field here.

[nextwife]

I agree that if THAT is the "logic" being employed in calculating CS, ALL prior born kids should be considered- whether there is an order or not - when CS for any orders subsequent to other kids are established. Children in a marriage, for example, are not less entitled to be supported by their parent than children born outside a marriage.

As it is now, if a woman had a child five years before, told her BF it was his and they had been raising the child together, they break up and he asks for a DNA test, only to discover the child is not his after all, now she shows up and asks for CS for a child she never bothered to tell him existed. Since then, he and his WIFE have gone on and had a family together. GUESS who the NEW CS order will TAKE AWAY from? He didn't even KNOW he had a child because ex GF had "moved on" and was with someone else before there was even a pregnancy known. Why should his kids with his wife have money taken from them - are they LESS worthy of support? The new CS order SHOULD be based upon his existing need to support the children he already has- not all states do that.

 

[poober]

HOWEVER, why should the first wife be forced to adjust the standards of living for her children to essentially support three more kids she had nothing to do with making, and certainly didn't ask for.

That was my point about someone who was saying the same thing. BUT, it didn't bother her one bit about her husband's first child losing part of her $ so that SHE and her kids could have a cut of it. Her kids were getting a cut of the first kid's $ even before they were adopted by her husband. How fair is that?

 

[TNBSMommy]

Honestly, I guess you would have to ask Tigger the details of that situation, while I know alot about her situations I don't happen to know the details there. I would assume there would have to be a reason for the split there.

And that is not exactly CS. My ex owes $27000 in arrears to me, when I happen to get his income tax(when he files) or for instance last may when I was able to get him arrested for not paying, I received a $500 purge amount. Those are arrears, that is money repaid to me I already spent on our kids. Did I hand our children $250 apeice? No way, I spent some on them, b/c that is the kind of mother I am, but I didn't have to. Point being, if you don't know specific details you can't "call someone out" for a couple of sentences on a message board. If I just said I got $500 from his CS, and blew it on a new tv for my bedroom that my kids aren't allowed to watch, that would look bad to everyone. Not that that is what I did, b/c I didnt. But it would look bad.

 

[LdiJ]

'

Ah yes, BUT, the law does NOT see it that way for already born kids if, say, dad has an affair resulting in a child AFTER the three kids are already here. Skank who slept with married Dad gets MORE for her one kid, born AFTER dad's three were already born kids than what is left for the three. Using that logic, why should the already born kids have to suffer if skank makes a kid with married man? HIS kids had no say, either.

The problem is that the law bases it on the first CS order, more so than the first kids. The law assumes that the first kids get the first child support order. So if dad has an affair and gets someone pregnant, then mom probably needs to separate from dad and establish child support for her kids before the other child is born....sigh....

 

[Whyte Noise]

What is the name of your state?Ohio

I was messing around with a child support calculator for my state. The children are #1 priority in the eyes of the court, right?? Then how come if I divorced my dh and got child support for our 3 children, I would only get $552 per month, but his ex wife (again, this is using the same calculator for my state) would get $782 per month. Hmmmm.......what is so special about the first 3 kids that they would be entitled to over $200 per month more than my 3 children?? That's a bit screwed up if you ask me.
And just for the record, I have no intentions of divorcing my husband and going after child support
In the best interests of the children?? I think not. How is it in the best interest of the children to be told they are less important than the FIRST 3??

The reason is actually quite simple...

Say he makes $3,000 gross a month. They subtract the $782 a month that's already court ordered for the other children from that $3,000 and base the CS amount for YOUR children on that, NOT on $3,000 a month (Which is termed his "Adjusted Gross Income"). Your CS order would be based on $2,218 a month. ($3,000 - $782 = $2,218)

 

[tigger22472]

***Well now, isn't that a funny belief for someone who's DH's daughter was getting a disability check all to herself (due to her father's disability)? Then after a year or so it was split between her, you and your 2 kids (even before they were adopted by your DH).***

07-18-2004, 06:49 PM
tigger22472
Senior Member Join Date: Nov 2001
Location: Monticello, In
Posts: 2,784


My husband is disabled. He gets 1438 a month (or did before the last raise) and half of that was 719. His daughter, our two boys and myself split that 719 between us. I dont' know how they figured it.. I just know that's what they did.
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That's alright... I'll address this.... That money is to be used for the household to help care for the child and if it's ANY of your business before it was split it wasn't coming into my household so sd was NOT benefitting by ANY of that money. My husband split custody and the mother held all that money but didn't use it toward the child! Now it does go to help her.. TYVM for your concern.