Two children by same mother on 2 separate child support orders?
My husband has 2 kids with his ex wife. One is 13 the other is 7. They had the 13 year old in 1995, got married in March 2000 and the divorce was final in January 2001 (marriage lasted 10 months). During the brief marriage she became pregnant but wasn't sure who the father was. So in April 2001 (3 months. After divorce was final) baby was born. Paternity test was done and the child was my husband's - he's now 7. The 13 year old is on 1 order and the 7 year old is on another because two different courts were involved - domestic relations for the 13 year old and juvenile court for the 7 year old. In Ohio by law the two cannot be combined now. However, my husband has been paying for 7 years as though these kids reside in two separate households. She is taking him back for a modification now because she voluntarily works less hours since she had her 3rd child (with her boyfriend) and I guess she feels that my hubby should pay for this new baby too. The guy at CSEA said my husband should request that even though the orders cannot be combined, that he be given a credit for the fact that the kids reside in the same household and share the same heat, electric, etc. In other words, it doesn't cost double the amount to raise two kids as it does one. For their combined incomes, Ohio child support states $8,000 for one kid and $11,500 for two. The way it is now, though - they are going by $8,000 for one and another $8,000 for two for a total of $16,000! That's $4,500 more per year they are going off. What are his chances? And can anything be done about the fact that he has been paying this way for 7 years now? No one ever told him any of this and most of the time when he calls down there for something they have major attitude with him because he's a man! We are also asking that her income be imputed to 40 hours per week. She went down to 36 and makes over $19/hour. Does my hubby stand a chance of things going his way?