My husband has two children from another woman. They are 13 and 17 (almost 18). The oldest will turn 18 in April and graduate in June. He lives full time with his father, the daughter lives full time with the mom. He pays 1400/month for both of the kids to the mother (even though the son lives with him). My husband and I are now separated and we have a child together that is 7. He was told that when his son turns 18 and graudates and is no longer eligible for child support, he will have to pay over 1500/month just for the daughter. Is this true? Why would the child support not be cut in half? Also, I am not receiving anything from my husband for our child because he says he cannot afford to pay me anything. Oh.. and did I mention that I work full time and the ex (whom he was never married to) hasn't worked since I have known her (8 years now. She used the child support to pay her rent by the way...

First, the first children do not "suffer financially" because the father has had a second family. If he has $X to pay and one child ages out, he pays that total to the second. Have you asked in Court for child support? That's the only way to get it - but keep in mind that the first family comes first.

Which State/Country?

If the mother has never worked she won't be forced to work. Her unemployment is nothing new.

Not every State "ages out" at 18 - sometimes it's until college is completed. What does the support order say?

So you are saying that he DOES have to pay the entire amount for the daughter? That makes no sense? Why would the daughter now receive the support that the son previously received and hers?

We are in CA. Contra Costa County

OK- In Ca the child support is calculated using the monthly net income of both the custodial and non-custodial parent.
Of course if you pay child support for one child mean less child support paid for two children./ Agnos Minimum Child Support Standards Act./

Child support must be paid until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated high school or becomes 19, which ever occurs first. Presently, the law doe s not give judges the power to make a parent support a child beyond the age of 19, unless the child is physically or mentally disabled.

So what do you mean when you say "Of course if you pay child support for one child mean less child support paid for two children./ Agnos Minimum Child"?

If your income is $ 2,000 you have to pay $ 300 for one child and $ 400 for two children.
Agnos Minimum Child Support Standards Act determines the child support guidelines in California.

Have you filed for support for your child with "him?"

Here is the child support calculator for California - California Child Support Calculator

GV is the expert here. In NY it's by Statute. The first child gets a percentage, the second child gets a lesser percentage, the third child less and so forth. Obviously if child support is being paid (in other States) for 1 child and not 2 there is more "disposable income" to use in determining a dollar amount of support for that one child.

I am reading that it stops in California:

Parent's obligation to pay child support continues until,
· the child becomes 18 years old, or
· the child has not graduated from high school, in which case the child support continues until the child has graduated high school or becomes 19, which ever occurs first, or
· the child is physically or mentally disabled, or
· the parents of the child have agreed that child support is to continue into the college years and such an agreement can be enforced by the Family Law Court, or
· the child has demonstrated freedom from parental control or support, and an ability to be self-supporting, a child that is on active military duty, or a child that becomes lawfully adopted by another party, or
· if there were arrears owed on child support, a court order may enforce collection of the arrears until the debt is paid in full, including any interest that may have accumulated, even after the child becomes 18 years old.

No I have not filed yet because we just split up in October and he wanted to talk to his attorney through his employer first. He has done that now.

And GV70, those amounts don't change if the children are by different mothers, the amounts are just less right? So what happens in June when the oldest child doesn't qualify anymore? The $400 for two children from your example would be split between the other mother and myself? So complicated.

No!
Let me give you an example:
The father has three children-two from one woman and one from other woman.
His monthly income is... $ 2,000.
He has to pay $ 800 for his two children.
After that there is new calculation-2,000 - 800= $ 1,200

The child support for the third child should be calculated on base $ 1,200.

http://www.leginfo.ca.gov/cgi-bin/di...file=4050-4076

I think I am getting it now. Yet she still receives the total amount of 800.00 even though one child has aged out... correct

It depends on their child support agreement. If they do not have one then he has to file for child support modification./he must read his child support order/

Thank you for all of the information!

GV70 is correct. He would have to ask for a modification to get one. If he is paying through the State then he should already be telling them about the situation and it will be adjusted when the child graduates. For your part in all this you should be seeking a child support order now and ask for it to be adjusted if he garners an adjustment because one child will be dropped.

Okay... 1 last question and then hopefully that will be it. How does my income factor in? Lets say my monthly income is 1000 and his is 2000. The scenario above does not take into consideration my income.

California uses a formula as provided by the link Judy gave you earlier in the thread. The base calcualtion has many factors including both parents income and the percentage of time the child spends with each parent. That creates a sliding scale for the child support order. If you both make the same and you have the child on split custody 50/50 then neither of you would pay support to the other.