Reduction in support because of new child in marriage?

[TooBcherished]

What is the name of your state?CP is in NY

I am asking this question for my brother.

He was just told he has to pay $600 in cs for his first son who is now 4. he and cp were never married. He has since remarried and is expecting his second child who is due in dec. He told me that he was advised that when his new son is born they would take that into consideration and it would drasitcally reduce his payments. I told him NO WAY. . .Why should the first son have to suffer and get a reduction because he decided to have more kids. He insisted he was right and that they could take that into consideration. Can someone tell me if this is indeed the case? Im skeptical. My brother lives in VA the case was filed in NY. Thank you.

 

[VeronicaGia]

He's correct about the fact that the court could reduce it. He's incorrect when he uses the word "drastic." The court may take the second child into consideration but it won't be a drastic reduction.

 

[mrrippey]

Dunno if anything would drop

I was discussing this (I was in NY) and if you are in Long Island (Nassau County) they really dont care, they put men thru the meat grinder. I hope it is true though.

Rippey

 

[momof1cutie]

i'm in CA and when i found out my son's father was having another child and asked the court about "hardship", she informed that the child support amount would maybe be reduced my $60. she said that after the baby is born he would have to take me back to court to modify the order, he hasn't and it's been 2years. maybe for once he's thinking of his first child!!!

 

[BelizeBreeze]

Take your brother out into the Virginia hillside hunting 'snipes'. Once you're deep into the woods, beat the living crap out of him. He just might get the message that it's time to be a man and stand up to his obligations.

 

[AHA]

So he values the new child more than the first one? What an a*s of a father figure!!!!!! I hope he stops having kids after this one, if he'll only give a hoot about the youngest one.

Again, some people shouldn't be allowed to have kids.

 

[mrrippey]

oh I get it...

Since he had a child before and is paying child support, he has no right to have any kids with his new wife. Makes sense to me.

Amazing.

 

[AHA]

Since he had a child before and is paying child support, he has no right to have any kids with his new wife. Makes sense to me.

Amazing.

To get you up to speed, we are talking about people that want to cut down on cs for their older kids from previous marriages due to them having new kids with a new partner and feeling that their money should be spent on the new kids instead. You might feel that is perfectly fair, but don't try and convince me of that reasoning.
Now who's amazing??

 

[momof1cutie]

nobody is saying that a man can't have more children w/ another woman if it didn't work out w/ their first child's mother. BUT, the first child should never be thought of less, financially, because the father has a new mother for more children. it's the father's responsibility to care for all children he makes wether he chooses to live w/ them or not. IT'S COMMON SENSE HERE!!!

 

[SM5NY]

Yes it could get reduced, but not liking and doesn't happen often.... The first child should not be thought of less. You brother can try and good luck to him. But he should want to give he's first child just as much as the other. If not in my book he's a deadbeat.

 

[haiku]

fact of the matter is you cannot ask for a reduction based on an additional child alone. You must have other extenuating circumstance such as loss of income, etc....

Also the bulk of child support payments are based on the FIRST child, subsequent children, of the order and NOT of the order only count for a small percentage. In my state for example, one child is 28% of income. A second child only adds 2% for 30%.

Therefore using your example, your brothers new child would only get him 2% off 600 bucks. likely not worth the court trip or cost, if that is the only reason he is going.

Now if his ex was trying to get MORE support, then he could use just the child as a defense against the raise. And that is fair, especially if he was meeting his current obligations to ALL his kids.

It is true that subsequent kids do not cost much more than one. You already had to have extra housing for example, the food and utilities likewise.and the younger kids use all the equipment you bought for the first.

The problem is SECOND families of NCP's do not get that luxury. NEW things must be bought, larger housing accounted for etc...You will not be getting discounts for multiples for example, with two sets of kids in different towns you get to pay the maximum for things like sports and education twice. When you pay child support, it says you make one thing on paper, but in reality you make less, knocking you out of aid catagories you might really be eligible for, if reality said you could count the support. Remember that when you go for a mortgage or a car and they tell you what you can afford, it is really much less. Little things you NEED to think about and budget for, when you start a "second" family, when you are already paying child support.

(personally I hate the whole "second family" thing. ALL my husbands kids are his family)

 

[SM5NY]

The % in the state of NY are: 17% of the combined parental income for one child;
25% of the combined parental income for two children;
29% of the combined parental income for three children;
31% of the combined parental income for four children; and
no less than 35% of the combined parental income for five or more children
It can be reduced and has happened. However, these are the guildlines.

 

[mrrippey]

The % in the state of NY are: 17% of the combined parental income for one child;
25% of the combined parental income for two children;
29% of the combined parental income for three children;
31% of the combined parental income for four children; and
no less than 35% of the combined parental income for five or more children
It can be reduced and has happened. However, these are the guildlines.

Although this is the guildline, at least in Nassau county, they don't follow the guildline that closely. I know of several NCP's that get calculated on just their income and not the combined income (including myself). They use the same percentages and use the adjusted gross (gross - FICA or SSI) and take from there. Basically for 2 kids = 50% of your take home pay after all is said and done.

Rippey

 

[jimd33]

Take your brother out into the Virginia hillside hunting 'snipes'. Once you're deep into the woods, beat the living crap out of him. He just might get the message that it's time to be a man and stand up to his obligations.

bad advise dick tell it to someone who cares you dont care so how about you coming to ga and going hunting with me you know be a man ok

 

[jimd33]

Since he had a child before and is paying child support, he has no right to have any kids with his new wife. Makes sense to me.

Amazing.

wow you must be a rockie scientist he was problably like most of us had a family in mind you know a lifetime of good memorys when he and his first wife were together but since it only takes one to break up a home the kids always suffer so tell me why you people go so far out of yalls way to intimadate others like i said before best not to say a thing if you are not trying to be helpful know what i mean vearn