[Trandy]

In the state of Texas, the amount of child support is determined by the fathers income, and the number of kids. I have 2 girls, from a prvious marriage, and my child support is 25% of my income... 20% for the first child, and 5% for any child thereafter up to 50% of a man's wage.

I have since remarried, and am considering adopting the son of my new wife. His father relinquished his rights ten years ago. We also are expecting a child of our own in June.

What I'm wondering is could my child support be lowered in order to better support the rest of my children. I mean, if I were to get divorced from this wife, would she then get 20% for the adopted child and then 5% for the child we are expecting, Which would then put my child support up to the 50% limit?? Or would they take 20% for my first child, and 5% more for each child thereafter, Which would then only be35% of my wages, and divide it amongst the 2 women equally??

If the latter is the case, then couldn't I plea to the courts to do the same while I am married to my second wife?

[stinawords]

Texas and Indiana are fairly similar in many laws. That being said in my state yes, child support is affected by subsequent children but not by a whole bunch. I don't see a judge granting an adoption if you are thinking about divorcing your wife. As for your last question, I'm not sure what you are asking... what are you wanting to ask the judge to do if you are married?

[GV70]

In the state of Texas, the amount of child support is determined by the fathers income, and the number of kids. I have 2 girls, from a prvious marriage, and my child support is 25% of my income... 20% for the first child, and 5% for any child thereafter up to 50% of a man's wage.

I have since remarried, and am considering adopting the son of my new wife. His father relinquished his rights ten years ago. We also are expecting a child of our own in June.

What I'm wondering is could my child support be lowered in order to better support the rest of my children. I mean, if I were to get divorced from this wife, would she then get 20% for the adopted child and then 5% for the child we are expecting,? Which would then put my child support up to the 50% limit??? Or would they take 20% for my first child, and 5% more for each child thereafter, Which would then only be35% of my wages, and divide it amongst the 2 women equally???

If the latter is the case, then couldn't i plea to the courts to do the same while I am married to my second wife?

There are Child support guidelines in Texas.
The guidelines are specifically designed to apply to situations in which the obligor's monthly net resources are $7,500.00 or less. In such cases, the court presumptively applies the following schedule:

The guidelines are specifically designed to apply to situations in which the obligor's monthly net resources are $7,500.00 or less. In such cases, the court presumptively applies the following schedule:
1 child 20% of Obligor's Net Resources
2 children 25% of Obligor's Net Resources
3 children 30% of Obligor's Net Resources
4 children 35% of Obligor's Net Resources
5 children 40% of Obligor's Net Resources
6 or more children Not less than 40%

If the Obligor has children from another relationship(s), the percentages listed above may be reduced.

[Trandy]

- I don't see a judge granting an adoption if you are thinking about divorcing your wife. As for your last question, I'm not sure what you are asking... what are you wanting to ask the judge to do if you are married?

I'm not wanting a divorce. I just used that as a case scenario to lead in to the last part of the question. What I am wanting to know is whether a judge would grant a reduction on my child support based on the fact that I now have one more child... and two more children should I adopt the other.

[Trandy]

and how should that work out? Would it then be 1/2 of 35% Which I would pay out to my x-wife... allowing my second bride and I to keep the other half of the 35%?

[ScottGem]

If you have additional children, either naturally or by adoption, it will probably not affect your current support order. You CHOSE to take on additional responsibility. However, if you divorce the second wife and she applies for support, there may be a reduction in the total.

Child support rules tend to be guidelines rather than hard and fast rules. Judges do have leeway.

[stinawords]

Right, having more children is a choice that you make knowing in advance that you already owe the support money. Like I said in my state subsequent children can drop the amount of support but not much (generally 1-3%) per children. Also, should you and your current wife divorce she would get more money than you are keeping right now but again (in my state) it would not be split equally because those children were concieved/adopted already knowing about the prior obligation to the older child(ren). So then, as the oldest child becomes of age the support would drop but only by 5% because the then oldest child's mother would be assigned the biggest portion and the rest would trickle on down the line. When that child matures then it would drop by another 5% and the same thing happened until you have no more children to support. Granted Texas law might be a little different on the details than Indiana but these two states I find more similarities than about any other two.