Bismarck, ND asked in Family Law for North Dakota

Q: If my husband's child support case is reviewed, is it taken into consideration that we have two boys of our own now?

My husband is paying child support for 2 children. His income has gone up since then. He got a higher paying job so we could make ends meet. But we now we have 2 boys of our own. I'm afraid if it's reviewed the amount he pays will go up. On the "child support calculator" on the states' website, there is no indication that new dependents are taken into account. How could they not be? I've read that financial preference can not be shown to the first family. Thanks for your time!

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1 Lawyer Answer

Gregory William Liebl

Answered
  • Fargo, ND
  • Licensed in North Dakota

A: The short answer to your question is "yes, the biological children your husband does not share with the obligee are taken into consideration." That being said, it is not a dollar for dollar "match." In other words, your husband's child support obligation may still go up even though he has two other children that will be considered in the calculation. You should contact an attorney to help you through this process.

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