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    drea682's Avatar
    drea682 Posts: 1, Reputation: 1
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    #1

    Apr 25, 2008, 09:06 PM
    Two children two different moms.20% for both?
    My son's father is having another baby and he is no longer with the mother. Therefore, he will have to pay child support for both kids. Will I still get 20% for child support or will I get less? :confused:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 25, 2008, 09:25 PM
    Will depend on your state and how it does its law. Normally your garnishment comes first ( at least in states I have lived)
    So my uneducated guess is , yes it will. But with all things best to run it by your attorney that helped with your child support.
    cali_cutie's Avatar
    cali_cutie Posts: 1, Reputation: 1
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    #3

    May 13, 2008, 08:03 PM
    As FR_Chuck said - since your child is the eldest, his/her support will come first - it should stay at 20% unless the other mother has a substantially lower income than you and the father.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    May 14, 2008, 06:58 AM
    Quote Originally Posted by Fr_Chuck
    Will depend on your state and how it does its law. Normally your garnishment comes first ( at least in states I have lived)
    So my uneducated guess is , yes it will. But with all things best to run it by your attorney that helped with your child support.

    Right - the rule in NYS is that support is figured by the child, not by the family. The "oldest" support order comes first by Statute using income (and expenses, depending on the State). Then the second order is figured using that same income MINUS THE FIRST SUPPORT ORDER.

    Say he makes $100 a week. Your child would receive, for example, 10% or $10. The second child would also get 10% but it would be $9 (10% of the $90 left after your child's order.)

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