View Full Version : Does my husband's child support payment factor in our two children?
lsouthern
Oct 19, 2010, 01:18 PM
My husband has a child with a woman that he was not married to. They currently have no court ordered child support order. My husband just pays a certain amount a month. Now, due to problems with the child's mother, my husband is considering putting himself on child support and getting a court order for custody/visitation. Will the courts factor in that my husband has 2 kids with me in our marriage in the maount of support that he pays to his son's mother?
JudyKayTee
Oct 19, 2010, 02:25 PM
Depends on the State - and whether you work. Custody/visitation and support are two separate issues. HE files for visitation; SHE files for support.
In NY the Courts take the stance that your husband KNEW he had a child to support and then went on to have two more children. The first child should not have to suffer.
I don't know where you are.
lsouthern
Oct 19, 2010, 02:56 PM
I am in Illinois and I do work.
this8384
Oct 22, 2010, 08:44 AM
This link:
Calculating Child Support Obligation (http://www.childsupportillinois.com/general/calculating.html)
might be somewhat helpful.
I don't see anything on that website stating that the general 20% would be reduced due to your husband having two additional children.
I know my state(Wisconsin) doesn't list the information very clearly but when it is a case of shared placement/physical custody(when the non-custodial parent has the child more than 25% of the time), they will factor in the incomes of both parents and base child support off that. Anything else uses the established guidelines of X% per child.
GV70
Oct 22, 2010, 09:43 AM
Will the courts factor in that my husband has 2 kids with me in our marriage in the maount of support that he pays to his son's mother?
Generally-no. :p