Child Support Orders, Hers vs.Mine

[I'vehadenough]

What is the name of your state?TX
I have recently looked through some posts regarding my current and future situation, but cannot find a lot of similar cases.
My common law husband has 2 children from a previous relationship. 2 years ago, his ex took him to court for a judgement on arrearages. According to the attorney this order will continue for 60 months.
Because I know his ex very well, she is counting the days that this order will end so that she can have CS modified, or increased.
When I input the numbers his CS obligation will skyrocket.
We have a 3 year old of our own and I realize that the court may or may not consider her for his obligation.
I plan on filing custody and support papers, on our daughter, through the courts 6 months before her order ends.
His current support amount is $ 350.00, plus $150.00 toward arrearages. $220.00 in medical, plus ½ of all unpaid medical expenses.
When I do this………………………………
How will my order affect her C/S amount? Will it automatically adjust in court? In other words, will one order be obnoxiously high and the other too low?
Or, If I wait until she files again, will my order reduce his obligation to his ex?
I know that all of this is based on percentages, but does it count or not who files first???
Help Please.

 

[haiku]

her order will always be first.

Her order will be counted using his income as he receives it. If you get an order now regardless of her modification, your order will be figured on his income AFTER her support order is minused from his income.

which if you think about it makes sense, as your household only benefits from THAT income level anyway.

 

[splcstr2001]

I believe that there is a formula that can be relied upon in the state.
If you do not currntly have an order, the current C/P should be receiving 25%.
However, what I looked at looks as If it will reduce to 20% for her and 10% for you.
The laws say "children obligor has a legal duty to support" and that they do not necessarily have to be before the court.
Did that help at all?