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Home > Law > Family Law   »   child support amount

 
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Old Jul 29, 2008, 08:32 AM
looseendz
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child support amount

Hi to all,

I was just wondering if anyone knew how child support is calculated, My childrens father is ordered to pay me $65 a week for 2 children, He has another child that he is ordered to $130 a week, I went to court to have it raised an was told he is not making enough to increase it. So is his oldest child 8yrs old worth more than my two children 4 and 5 years old. Thanks too any info you can provide

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Old Jul 29, 2008, 08:46 AM   #2  
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It's not that the oldest child is "worth" more. However, in some states the scale is set as that the first born receives a higher percentage of the wages.
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Old Jul 29, 2008, 08:47 AM   #3  
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Quote:
Originally Posted by looseendz
Hi to all,

I was just wondering if anyone knew how child support is calculated, My childrens father is ordered to pay me $65 a week for 2 children, He has another child that he is ordered to $130 a week, I went to court to have it raised an was told he is not making enough to increase it. So is his oldest child 8yrs old worth more than my two children 4 and 5 years old. Thanks too any info you can provide


It goes according to State - what State? In some States it's a simple equation. In others it's more complicated and there's a formula.

It has nothing to do with the "worth" of the child and you may very well be in a State where family circumstances (family income, for example) are considered.

Some States consider the father's salary REDUCED by the amount of child support he is paying for the first child when computing the amount to be paid for the second and third children. It's basically called a serial family or a serial family father - one who pays child support to 2 different mothers.

The example is: the first family would receive 17% of all the payor's income, but the second would receive 17% of 83% of the payor's income, about 14% - same percentage but the income is reduced by the payment already ordered.

The theory is - and I know this sounds unfair - that the first child should not suffer because the father went on to have more children, presumably with someone who realized the father had another child to support. Seems to me that the children are being punished but that's how the law works in some States.
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Old Jul 29, 2008, 08:52 AM   #4  
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Quote:
Originally Posted by looseendz
Hi to all,

I was just wondering if anyone knew how child support is calculated, My childrens father is ordered to pay me $65 a week for 2 children, He has another child that he is ordered to $130 a week, I went to court to have it raised an was told he is not making enough to increase it. So is his oldest child 8yrs old worth more than my two children 4 and 5 years old. Thanks too any info you can provide
Not worth more was just born first. I am going to guess that the court order for the 8 year was done first. Only a certain percentage of any persons net pay is allowed to be taken. The total amount depends on the state. So for example if the $130 he is paying for the oldest child is 35% of his pay and the max allowed is 50% then you can only receive 15% of his pay. Sorry but that is roughly how it works. Child support is based on many factors though: time share with each parent, gross pay of each parent, other court ordered obligations, tax deductions, number of children, tax filing status of the parent etc. Those are a few, but typically the major factors. It is a very complicated formula and as far as I know just about every state uses a child support calculator program designed for this purpose.
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Old Jul 30, 2008, 07:16 AM   #5  
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Thank you to all for your answers, I know the child is not worth more it is just so unfair that I have 2 children and he is only ordered $65 a week (does not even feed them for a week).
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Old Jul 30, 2008, 07:20 AM   #6  
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Quote:
Originally Posted by looseendz
Thank you to all for your answers, I know the child is not worth more it is just so unfair that I have 2 children and he is only ordered $65 a week (does not even feed them for a week).

That's the problem with second families, second sets of children. They (the second family) suffers.
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Old Jul 30, 2008, 07:38 AM   #7  
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These dads out there having new families need to have "D" branded on their foreheads, or somewhere else. Just curious: were you married to him? He has had at least two child support hearings and orders; yours was the second. Was your child support amount determined after a hearing or was it set 'administratively'? In what state was your child support?
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Old Jul 30, 2008, 07:51 AM   #8  
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I like the branding idea. I can't imagine what some of these mothers do that go on to have children with men and there children fall so far down the line.. like 4 or 5, it's just ridiculous. I wish they would get the hint and work harder to keep their families together.
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Old Jul 30, 2008, 08:08 AM   #9  
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Quote:
Originally Posted by George_1950
These dads out there having new families need to have "D" branded on their foreheads, or somewhere else. Just curious: were you married to him? He has had at least two child support hearings and orders; yours was the second. Was your child support amount determined after a hearing or was it set 'administratively'? In what state was your child support?


Well, not to blame the victim but I sometimes wonder what goes through people's minds. I guess the desire to have your "own" children overwhelms your knowledge that he is supporting another family - or not supporting them, in many cases.

Now, if the "father" lies, that's another story.
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