Two babies, two support orders???

[sroutlaw]

What is the name of your state? Missouri
My sister has a baby with a guy who also has a baby two months older than hers. He is supporting neither of them (but his grandmother does watch the older baby each day while mom works - she is the only one of the three parents here working). My sister got a support order through DCSE, but the guy is disputing it, claiming it will take away from his elder daughter (whom he pays no child support on) and that my sister has no bills, so he shouldn't have to pay as much. My sister DOES live with my parents, but she does also have bills - car, phone, elec., gas, insurance, baby clothes, etc. My parents have been funding all of these things.
My question is this - does this guy have to show that he is supporting the first child? My sis realizes that he is obligated to both kids but she hates to think that he will get out of part of his obligation simply by claiming to support baby number one. That child has no court order for support since mom is happy just to get free child care from the great-grandma, so she can work and actually PAY for her kid.... How should my sis proceed here? Should she expect the guy to get out of part of his obligation by claiming to pay for the other child, even though he doesn't? SHould she ask for a temp. order until that other child gets court ordered support (even though mom doesn't want it, he SHOULD have to pay, shouldn't he?)? Is there any particular way for her to proceed here? This is her second child with child support, she has two under two (don't even go there with me, trust me, I have told her to CLOSE HER LEGS!!!!), the kids are both unsupported at this time and on the state dollar as well as Medicaid. She is trying hard to get on her feet and do the right thing, but with a three month old and a twenty month old, she is not employable at this time other than part time, and living in a poverty stricken rural area, that may take awhile.
My hands are up to it all but thought you guys might have a thought on how she should proceed in her phone hearing with the administrative director of DCSE, requested by dad number two to dispute his $240 monthly obligation to my niece.

 

[snostar]

If his reason for disputing it is because he claims to be paying support for another child (and he actually is not) then your sister just needs to request proof of CS payments.

 

[sroutlaw]

Kinda thought so, but couldn't find an actual law to support it - am wondering if this might be the one?
MORevS
454.871. (a) If a proceeding is brought under sections 454.850 to 454.997, and only one tribunal has issued a child support order, the order of that tribunal is controlling and must be recognized.

 

[Whyte Noise]

It's not in the statutes per se, but it's on the Form 14 that Missouri uses to calculate child support. There has to be a prior COURT ORDER.

http://www.osca.state.mo.us/sup/index.nsf/d45a7635d4bfdb8f8625662000632638/ff2415da1ad4190f86256c400059cf2c?OpenDocument

(Sorry if that scrolls... but here's what it says, in pertinant part)

"Line 2a: Adjustment to gross income for other ordered child support being paid.
DIRECTION: Enter the monthly amount of any other court or administrative order for child support to the extent of the amounts actually being paid toward the current support of any child not the subject of this proceeding.
An adjustment is appropriate in a proceeding to establish a child support order or to modify the support payable under an existing order. However, the adjustment available to the moving parent in an action to increase or decrease the support payable under an existing order shall be the lesser of:
(1) The adjustment to which that parent was entitled for the particular child on line 2a or 2c when the existing order was entered, or
(2) The adjustment to which that parent is entitled for the particular child on line 2a as a result of an order in another action entered after the existing order.
A. EXAMPLE: Father pays child support of $350.00 per month under an order (Order 1) entered prior to the judgment of dissolution of his marriage to Mother.
(1) Order 1 is modified after entry of the judgment of dissolution, and, as a result, Father now pays child support of $450.00 per month under Order 1.
(a) In Mother's action to increase Father's support obligation under the judgment of dissolution, Father is entitled to an adjustment (line 2a) of $450.00 per month.
(b) In Father's action to decrease his support obligation under the judgment of dissolution, Father is entitled to an adjustment (line 2a) of $350.00 per month.
(2) Order 1 is modified after entry of the judgment of dissolution, and, as a result, Father now pays child support of $250.00 per month under Order 1.
(a) In Mother’s action to increase Father’s support obligation under the judgment of dissolution, Father is entitled to an adjustment (line 2a) of $250.00 per month.
(b) In Father’s action to decrease his support obligation under the judgment of dissolution, Father is entitled to an adjustment (line 2a) of $250.00 per month.
B. EXAMPLE: Father pays child support of $350.00 per month under an order entered prior to the judgment of dissolution of his marriage to Mother and has an additional child support obligation of $200.00 per month under an order entered after the judgment of dissolution of his marriage to Mother.
(1) In Mother’s action to increase Father’s support obligation under the judgment of dissolution, Father is entitled to an adjustment (line 2a) of $550.00 per month.
(2) In Father’s action to decrease his support obligation under the judgment of dissolution, Father is entitled to an adjustment (line 2a) of $350.00 per month."

 

[babymakesone]

If his reason for disputing it is because he claims to be paying support for another child (and he actually is not) then your sister just needs to request proof of CS payments.

I thought that there also had to be proof of a CS order. Otherwise, he & the 1st mom could make up any story possible so that he wouldn't have to support the child.

***
The 1st mother that gets the CS order ends up getting more money (a higher % of father's income). If/when the other mother decides to get a CS order, then he will get the deduction for the amount of CS paid to OP's sister.