Q: Can I get cs lowered if I have two other kids? Will they use my wife income towards cs for a child that’s not hers?
My ex girlfriend filed for cs which I pay. But since then I have 2 other kids, can my support payments be lowered since I’m supporting them? Will they come after my wife’s income if I ask for modification in child support?
A: Confusion seems to be endless on the issue of child support. Child support is based on the gross income of the mother and father. It doe not include the income of other parties such as the wife or husband, parents, brother, sister, live in boyfriend or girlfriend. Likewise, other parties cannot be held liable for your child support. Pursuant to Rule 32 guidelines your income can be reduced when calculating child support for additional children. Note it is the first child to get child support that gets the benefit or the off set and not necessarily the first born. This offset apples only if there is a court order of support and not for support you simply allege to pay or can even prove you pay without an order. Thee is no offset for prior children due to additional children you have after the fact. Your first obligation is to the children you had first that are already on child support.
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