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    lsouthern's Avatar
    lsouthern Posts: 2, Reputation: 1
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    #1

    Oct 19, 2010, 01:18 PM
    Does my husband's child support payment factor in our two children?
    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    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's Avatar
    lsouthern Posts: 2, Reputation: 1
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    #3

    Oct 19, 2010, 02:56 PM
    I am in Illinois and I do work.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Oct 22, 2010, 08:44 AM

    This link:
    Calculating Child Support Obligation
    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's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Oct 22, 2010, 09:43 AM
    Quote Originally Posted by lsouthern View Post
    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

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