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Filing for CS for the first time

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Long story short, my son just turned 13yrs old yesterday. And for the past 6yrs his father has been voluntarily paying $120 in child support biweekly and 1 yr of paying $140 voluntarily (after asking about some type of increase). I requested he reevaluate that amount (since he has been married over a year and their child is now 1yrs old). Well turns out I was rude for asking. So I filed for child support (South Carolina). My question is this, since he is married and they share a son together, will/can his wife's income factor into the monthly amount ? You should know I do work and have been in a relationship for the past 7yrs that I share a now 6yrs old daughter with, and I work a full time job to support my children andy self.

Edited to add that I came on hear trying to figure out exactly what is considered for income and everything else for CS claims since I've never filed before. But instead it's just a bunch of judgemental (((====% who always assume the worst in a person or better yet a woman who even files for child support. Always assuming they're money hungry and petty. All should ashamed of yourselves!
 
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LdiJ

Senior Member
Long story short, my son just turned 13yrs old yesterday. And for the past 6yrs his father has been voluntarily paying $120 in child support biweekly and 1 yr of paying $140 voluntarily (after asking about some type of increase). I requested he reevaluate that amount (since he has been married over a year and their child is now 1yrs old). Well turns out I was rude for asking. So I filed for child support (South Carolina). My question is this, since he is married and they share a son together, will/can his wife's income factor into the monthly amount ? You should know I do work and have been in a relationship for the past 7yrs that I share a now 6yrs old daughter with, and I work a full time job to support my children andy self.

No, his wife's income will not factor in. There can be some really rare exceptions to that, but they are really rare. His wife has no obligation towards your child.
 

stealth2

Under the Radar Member
Long story short, my son just turned 13yrs old yesterday. And for the past 6yrs his father has been voluntarily paying $120 in child support biweekly and 1 yr of paying $140 voluntarily (after asking about some type of increase). I requested he reevaluate that amount (since he has been married over a year and their child is now 1yrs old). Well turns out I was rude for asking. So I filed for child support (South Carolina). My question is this, since he is married and they share a son together, will/can his wife's income factor into the monthly amount ? You should know I do work and have been in a relationship for the past 7yrs that I share a now 6yrs old daughter with, and I work a full time job to support my children andy self.
Do you think your husband's income should be included in the calculation (since you're married and share a child together)?
 
Do you think your husband's income should be included in the calculation (since you're married and share a child together)?
I'm not married to my daughters husband, but if we were married then yes I would expect his income to factor in as well. I may be wrong but if I marry someone I would expect them to treat both my children the same, I wouldn't want him treating my daughter like she is better than my son, and that means helping with the cost of my son as well. If I'm married then not only did he legally agree to take care of me but my son as well as our daughter.
 
No, his wife's income will not factor in. There can be some really rare exceptions to that, but they are really rare. His wife has no obligation towards your child.
I know that's probably true but that is the biggest load. If two people get married and one or both of them have children from previous relationships then they should be considered as legally obligated to the kids as well as their spouse. The fact that people think it's okay to treat children differently just because of DNA is insane to me
 
SC has an online calculator where you can get an estimate for child support. Income from your ex's spouse is not a factor as she has no legal obligation to support your child.

https://dss.sc.gov/child-support/calculator/
I am aware of the calculator and I am also aware she has no "legal" obligation. There can be extenuating circumstances where other factors can come into play. I wasn't sure if that had ever been a case where that was a factor.
 

stealth2

Under the Radar Member
I know that's probably true but that is the biggest load. If two people get married and one or both of them have children from previous relationships then they should be considered as legally obligated to the kids as well as their spouse. The fact that people think it's okay to treat children differently just because of DNA is insane to me
That is not how it works. Yes, subsequent spouses/partners *should* treat all of the children equally, but they are not financially responsible for children they did not create (unless they adopt said child(ren)). You can take your hand out of the current wife's pocketbook.
 
That is not how it works. Yes, subsequent spouses/partners *should* treat all of the children equally, but they are not financially responsible for children they did not create (unless they adopt said child(ren)). You can take your hand out of the current wife's pocketbook.
[/QUOTE
You a sad person to always assume things. I'm just trying to get as much information as possible. Had you maybe read another answer you would understand better. But I hope you have a great day and maybe take a long walk off a short pier ✌️
 

Just Blue

Senior Member
I'm not married to my daughters husband, but if we were married then yes I would expect his income to factor in as well. I may be wrong but if I marry someone I would expect them to treat both my children the same, I wouldn't want him treating my daughter like she is better than my son, and that means helping with the cost of my son as well. If I'm married then not only did he legally agree to take care of me but my son as well as our daughter.
You are confusing a moral obligation with a legal obligation. Legally, only the two parents are obligated to support a child.
 

Just Blue

Senior Member
Charming. Stealth was correct. But perhaps you don't want the legally correct answer...you just want cheerleaders that will agree with you. Hire an attorney.
 

LdiJ

Senior Member
I know that's probably true but that is the biggest load. If two people get married and one or both of them have children from previous relationships then they should be considered as legally obligated to the kids as well as their spouse. The fact that people think it's okay to treat children differently just because of DNA is insane to me

It is a bit more complicated than that. People have a legal obligation to children (or vulnerable adults) who are in their household but it is a bit different than you might imagine. They have a duty to make sure that they are taken care of but not necessarily a duty to pay the costs of doing so. It is more so a duty to report it to the proper authorities if they are not properly taken care of. People absolutely do not have an obligation (nor should they) to financially provide for children when they are not present in their household.

For example, your ex's wife cannot refuse to feed your child and/or allow your child to feed themselves while your child is in her household (even if it is your ex who is legally responsible to pay for the food) but she has no legal obligation (nor should she) to provide for your child when your child is not in her household.

You might expect your current partner to pay for groceries for your house if you are unable to do so, but you wouldn't expect him to provide groceries for your ex's house. It would not even be reasonable for you to expect that.

If I had seen your exceptionally rude responses to some of the other advisors I wouldn't have even bothered to try to explain legal reality to you.
 

Just Blue

Senior Member
It is a bit more complicated than that. People have a legal obligation to children (or vulnerable adults) who are in their household but it is a bit different than you might imagine. They have a duty to make sure that they are taken care of but not necessarily a duty to pay the costs of doing so. It is more so a duty to report it to the proper authorities if they are not properly taken care of. People absolutely do not have an obligation (nor should they) to financially provide for children when they are not present in their household.

For example, your ex's wife cannot refuse to feed your child and/or allow your child to feed themselves while your child is in her household (even if it is your ex who is legally responsible to pay for the food) but she has no legal obligation (nor should she) to provide for your child when your child is not in her household.

You might expect your current partner to pay for groceries for your house if you are unable to do so, but you wouldn't expect him to provide groceries for your ex's house. It would not even be reasonable for you to expect that.

If I had seen your exceptionally rude responses to some of the other advisors I wouldn't have even bothered to try to explain legal reality to you.
Stop being so commonsensical Ld. OP wants us all to agree with her
 

Just Blue

Senior Member
Long story short, my son just turned 13yrs old yesterday. And for the past 6yrs his father has been voluntarily paying $120 in child support biweekly and 1 yr of paying $140 voluntarily (after asking about some type of increase). I requested he reevaluate that amount (since he has been married over a year and their child is now 1yrs old). Well turns out I was rude for asking. So I filed for child support (South Carolina). My question is this, since he is married and they share a son together, will/can his wife's income factor into the monthly amount ? You should know I do work and have been in a relationship for the past 7yrs that I share a now 6yrs old daughter with, and I work a full time job to support my children andy self.

Edited to add that I came on hear trying to figure out exactly what is considered for income and everything else for CS claims since I've never filed before. But instead it's just a bunch of judgemental (((====% who always assume the worst in a person or better yet a woman who even files for child support. Always assuming they're money hungry and petty. All should ashamed of yourselves!
Every last volunteer on this thread is a mother and all, at some point, have had support orders. You are wrong in your belief that a step-parent should have to take money out of their wallet to support a child that they had no part in creating. When told this, you went on a filthy mouthed rant.

You should be ashamed of your bizarre reaction to the legal reality.
 
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