How does the child support thing work with other children?

[StephandOwen]

It's been 3 years since our cs was re-figured so it's about time for the offer to come around again. I'm trying to decide if I want them to refigure it now or just wait until dp and I are married (because then we will be paying insurance for ds and I know that plays into it).

But my question is.... how does ex having more children play into it (he has an almost 1 year old and his wife is pregnant again)? How does that change the cs he pays to ds?

I'm making less than I was 3 years ago (but that doesn't matter because they make up an income level for me anyway). I'm sure ex is making more (he gets raises). 3 years ago they raised it by about 1/3 (went from $339/month to $447/month). I was playing around with a calculator (guessing what ex makes right now) but that one didn't have a spot for additional children.

Any ideas?

[violet_]

It varies by state. In our state, it does make a difference if he has more kids to support, but only a very small difference (and only after the child is actually born -- pregnancy is ignored and there's no way even to put a rider that says "if/when new child is born rate will change to") -- they make you come back in after the birth.

But I think in many states it makes no difference at all.

[StephandOwen]

Originally Posted by violet_

But I think in many states it makes no difference at all.

Ohhh.... that's gonna piss off ex and his wife. LOL! I did find another one for the state the cs is through and, using the $$ I think ex is making right now, even taking into consideration his additional child... it still raises his cs quite a bit. I played around with it further and when dp and I get married and get ds on his insurance it raises it a lot more. Huh. Bummer for ex

[violet_]

Originally Posted by StephandOwen

Ohhh.... that's gonna piss off ex and his wife. LOL! I did find another one for the state the cs is through and, using the $$ I think ex is making right now, even taking into consideration his additional child... it still raises his cs quite a bit. I played around with it further and when dp and I get married and get ds on his insurance it raises it a lot more. Huh. Bummer for ex

Well, he hasn't exactly been a model co-parent, so I won't lose any sleep bemoaning his increased obligation.

[Super~Single~Mama]

Something to keep in mind, and I know you have MUCH more knowledge about how all this works b/c you've been doing it longer than me, is that once it changes, or doesn't, I don't think you can revisit it whenever you want - you have to wait for it to come up again. Like, where I am, it gets adjusted for cost of living every 2 years I think, and you can opt to have it re-visited completely, or not, but then you have to wait the full 2 years before it can be changed again. I think. I'm not completely positive.

I would have it adjusted, and then the next time it comes up, have it adjusted again.

[StephandOwen]

Originally Posted by thyra

I would have it adjusted, and then the next time it comes up, have it adjusted again.

I believe in Michigan it's automatically offered every 3 years. You can request it once a year if you can prove circumstances have changed.

I'll have to check with my lawyer, but I'm pretty sure I will wait until dp and I are married (will be less than 6 months from now) and then request them to re-figure it. Only reason for that is because medical/vision/dental insurance will be costing dp and I quite a bit. I'm not going to let ex go on that one for 2 1/2 years before the state gives us the option of re-figuring it!

[lilyka]

Wow, we can revisit it once a month if we want to (but they can also say enough is enough if someone is just being pissy. but yeah. if xh took them for half the summer ike he is allowed he could technically go back at tha beginniong of the vacation and lower my support and then I could go back and have it raised at the end. rediculous, no?

[MariesMama]

Steph - Google "Michigan child support formula manual."

Basically, since he has one child at home, Michigan would base the CS on 89% of his income instead of 100%. That's the only difference.

[StephandOwen]

Originally Posted by lilyka

Wow, we can revisit it once a month if we want to (but they can also say enough is enough if someone is just being pissy. but yeah. if xh took them for half the summer ike he is allowed he could technically go back at tha beginniong of the vacation and lower my support and then I could go back and have it raised at the end. rediculous, no?

That's crazy. Here there's a clause in our order that if he has ds for a specific amount of time (have no idea off the top of my head what that is since he's obviously nowhere close to it!) then he just calls up the friend of the court and they adjust it for him automatically.

Originally Posted by MariesMama

Steph - Google "Michigan child support formula manual."

Basically, since he has one child at home, Michigan would base the CS on 89% of his income instead of 100%. That's the only difference.

Thanks! Don't know why I wasn't a good googler today but I wasn't finding anything I wanted. Doh!

[Minxie]

Originally Posted by StephandOwen

That's crazy. Here there's a clause in our order that if he has ds for a specific amount of time (have no idea off the top of my head what that is since he's obviously nowhere close to it!) then he just calls up the friend of the court and they adjust it for him automatically.



Thanks! Don't know why I wasn't a good googler today but I wasn't finding anything I wanted. Doh!

Here is a link to the official MI child support page and calculator:

http://courts.michigan.gov/scao/services/focb/mcsf.htm

[Goodmom2008]

Depends on the state. In NJ, subsequent children are taken into consideration (I don't agree with it), in NY, they aren't.

And even when they are taken into consideration, it really isn't that much of an impact from what I have heard.

[StephandOwen]

Originally Posted by Goodmom2008

And even when they are taken into consideration, it really isn't that much of an impact from what I have heard.

That's what I just discovered. I used one of the online calculators, entering the numbers they used for our last order and it came out very close to what ds actually receives now. Then I changed it so it uses the same numbers but added in the child ex has. It changed the amount like $5/week. Not much at all, especially when I know ex has gotten a raise in the last 3 years so the child support will raise for cost of living increase anyway When I used the numbers on how much I think ex is making, how much I think they will say I could be making, ex's other kid plus how much dp and I will be paying for insurance for ds and it changed it quite a bit. Ex and his wife are going to be mighty pissed if it does change that much.

On the flip side, I found a kentucky one just for curiosity if we were to change where it was going through and holy moly! The kentucky calculator gave ds a whole lot LESS cs than he's receiving now. WTH?!?

[Super~Single~Mama]

Originally Posted by StephandOwen

I believe in Michigan it's automatically offered every 3 years. You can request it once a year if you can prove circumstances have changed.

I'll have to check with my lawyer, but I'm pretty sure I will wait until dp and I are married (will be less than 6 months from now) and then request them to re-figure it. Only reason for that is because medical/vision/dental insurance will be costing dp and I quite a bit. I'm not going to let ex go on that one for 2 1/2 years before the state gives us the option of re-figuring it!

Thats good to know! I'll have to check my state laws to see if it is more similar to yours.

And, Congrats on finally planning your wedding!!!

[Goodmom2008]

Originally Posted by thyra

Thats good to know! I'll have to check my state laws to see if it is more similar to yours.

And, Congrats on finally planning your wedding!!!

I am assuming that you are in NYS because of your post about child seats.

New York does not take subsequent children into consideration from my understanding of what others from NY have posted on other sites. In fact, before child support is calculated for subsequent children, the first order is deducted from the income and then the amount calculated. And the first order is paid before the second order. Which means that if the state is only able to garnish enough to cover the first order, the first order gets paid. And the second just accrues arrears.

[shelbean91]

Not a single parent - but stumbled on this thread.....

I used to work for ADP, the payroll company, and had to frequently set up child support garnishments for the employers. Several times there was support to multiple people. Some states would take 50% of the income after taxes only and divide evenly among the kids. Some states would sort of prorate, so the first child got a higher percentage. As far as if the other children are still with the parent, that didn't generally factor in at all.

Some states could go up to 60% of after tax pay. However, that was 8+ years ago, so it very well be different.

Wouldn't it just be so much easier for you if he'd give up custody totally so your DP could adopt?

[Super~Single~Mama]

Originally Posted by Goodmom2008

I am assuming that you are in NYS because of your post about child seats.

New York does not take subsequent children into consideration from my understanding of what others from NY have posted on other sites. In fact, before child support is calculated for subsequent children, the first order is deducted from the income and then the amount calculated. And the first order is paid before the second order. Which means that if the state is only able to garnish enough to cover the first order, the first order gets paid. And the second just accrues arrears.

I know this part, what I was actually confused about is how often its adjusted. I think its only adjusted every 2 years in NYS - and once its adjusted, it can't be re-visited until 2years later. But, I've only just started the cs stuff in our court case, so I have no idea. I'm not overly concerned about cs - more about being able to afford to live here in general since cost of living is so high!