I have a 2 year old son that lives in NYS. I am and have been paying all my child support on time. It has been difficult for me to see my son. I got married and have 2 kids on the way not to mention my step daughter. When my children are born I want to file for a modification. Some tell me this is smart some say it will back fire. I would like an experts opinion. I live in NJS

A new baby, in you case babies, is a change of circumstances and a legitimate reason to file for a modification.

The other-dependent deduction is part of an adjustment mechanism to apportion a parent's income to all legal dependents including those born before or after the children for whom support is being determined. Legal dependents include adopted or natural children of either parent who are under 18 years of age or over 18 years of age and still attending high school or other secondary school. No adjustment is provided for stepchildren. Generally, stepchildren are considered the legal responsibility of their natural parents unless the court determines that a stepparent has a legal obligation to support the child.

Child Support Guidelines (http://www.judiciary.state.nj.us/csguide/index.htm)

Legit reasons to ask for modifications are allowed, just as your ex can ask for more when there is changes to income and other things.

A new baby, in you case babies, is a change of circumstances and a legitimate reason to file for a modification.

The other-dependent deduction is part of an adjustment mechanism to apportion a parent's income to all legal dependents including those born before or after the children for whom support is being determined. Legal dependents include adopted or natural children of either parent who are under 18 years of age or over 18 years of age and still attending high school or other secondary school. No adjustment is provided for stepchildren. Generally, stepchildren are considered the legal responsibility of their natural parents unless the court determines that a stepparent has a legal obligation to support the child.

Child Support Guidelines (http://www.judiciary.state.nj.us/csguide/index.htm)


If the child is in NY it's a NY support order, not NJ, unless the mother has moved.

NYS is purely by Statute. The minimum is 17% for one child.

NYS Courts are NOT very understanding about subsequent families and a request to reduce support. Additional children are not a reason to reduce child support - in fact, I've been there when Judges have given big lectures about the need of the first child to continue eating, despite the second family.

So - if it's a NY order and if the father is paying more than 17%, I'd go back to Court. If he's paying less, he will end up paying more.

If it's NJ, of course, NJ law applies.

The only way I can see it backfiring is you are currently paying less than the legal minimum.