My boyfriend and I have two children together and his ex and him have two children together.He is ordered to pay 276.00 every other week.His ex is remarried and between her and her husband they make 700.00 and over a week,my boyfriend and i do not,he asked her to modify it because when they first applied she was on welfare and he was making15.00hr and we had no children together,he is now making 10.00hr with two more children and she is married and they both have great jobs.My question is will the courts take into consideration our two kids and her marriage primarily both incomes or just hers and her better job.Is he wasting his time or should he take her to court for modification because 276.00 bi weekly is tough on us with three other children in our household.

This is a tough one. Some people on this forum think that there should be no consideration for subsequent children, but I am not one of those people. I think that there should absolutely be deductions for children born after the marriage because anyone should be able to remarry and have children with someone they love as well as be able to support them. I'm not sure of your state's guidelines but it wouldn't hurt to file for a modification and just see what happens. Here in Arkansas, the guidelines do say that there can be deviations for the support of other children. My ex got to take a deviation from his first support order for our son together as well as a deviation from my support order (when we got divorced) for supporting his first son. It was very fair and both of our support orders were the same, so there was no mind-set of the first child being more important. My husband supports two kids from a previous marriage and we just found out that I'm pregnant and we fully intend on filing for a deduction. Now, with that being said, don't expect a very large deduction. Your boyfriend's ex still has expenses for his other children and it wouldn't be right to drop it so low that they couldn't live properly either.

Good Luck to you and I hope you're able to get somewhat of a deviation so that all of the children can be happy.

My boyfriend and I have two children together and his ex and him have two children together.He is ordered to pay 276.00 every other week.His ex is remarried and between her and her husband they make 700.00 and over a week,my boyfriend and i do not,he asked her to modify it because when they first applied she was on welfare and he was making15.00hr and we had no children together,he is now making 10.00hr with two more children and she is married and they both have great jobs.My question is will the courts take into consideration our two kids and her marriage primarily both incomes or just hers and her better job.Is he wasting his time or should he take her to court for modification because 276.00 bi weekly is tough on us with three other children in our household.
Usually the court won't take other children into consideration unless there is a court order for CS for those children, and even then, the NCP can only deduct what is actually paid. Some states do have a small allowance for subsequent children living in NCP's household, but even then the deductions are very small.

The incomes of spouses are NOT taken into consideration, so he cannot modify the CS based on ex's spouse's income. Now, you did say that your BF's income has decreased, why has it decreased? Was it because of something beyond his control, such as layoff, illness, injury, employer closing, etc? IF the decrease was beyond his control he does have the right to file for a modification, however, if the decrease was voluntary (quitting job voluntarily, attending school, etc) then a modification request will be turned down.

The court system is a tough thing to deal with.I have a five yr old from an ex boyfriend and I didnt want to drag my daughter through court,she is not an item someone purchased in the store,anyway I let her father determine what he could afford because I didnt want to leave him broke and I also wanted him to be able to still do things with her when she went there.Back to our present situation Dennis and her were never married split up and its been four years now.I cant understand you say how the court does not take into consideration her husbands income and hers as well.They live together bought a house together and own two motor vehicles together they file taxes together,so I can not understand why a court system would say ok you make 1400 and 550 of it is for child support you have 850 to live off of for your rent,two other children and living bills,and tell her heres 550 more a month on top of the 3000 a month income you and your husband have so now there income would be close to 4000 while ours including my income is 1700 a month I dont think that is very fair,do you? And he was laid off of his job with my grandpop due to lack of work.We try very hard Im going to school to be a nurse and right now Im a bus driver and he is head maintanence,they both work for her husbands parents who own an insurance company and pay for alot of their things and including paying them very well,we dont have that luxry.I just dont think its fair,I believe every father should help the mother but there is not price tags on children to say what there worth,it should be equal enough to when the children come over you can all do the same things with them you would if mommy and daddy were together.Paying outrageous child support does not allow that ,NCP ends up in their childs eyes as never being able to do anything with them or take them clothes shopping,even though daddy pays the children do not know!

The court system is a tough thing to deal with.I have a five yr old from an ex boyfriend and I didnt want to drag my daughter through court,she is not an item someone purchased in the store,anyway I let her father determine what he could afford because I didnt want to leave him broke and I also wanted him to be able to still do things with her when she went there.Back to our present situation Dennis and her were never married split up and its been four years now.I cant understand you say how the court does not take into consideration her husbands income and hers as well.They live together bought a house together and own two motor vehicles together they file taxes together,so I can not understand why a court system would say ok you make 1400 and 550 of it is for child support you have 850 to live off of for your rent,two other children and living bills,and tell her heres 550 more a month on top of the 3000 a month income you and your husband have so now there income would be close to 4000 while ours including my income is 1700 a month I dont think that is very fair,do you? And he was laid off of his job with my grandpop due to lack of work.We try very hard Im going to school to be a nurse and right now Im a bus driver and he is head maintanence,they both work for her husbands parents who own an insurance company and pay for alot of their things and including paying them very well,we dont have that luxry.I just dont think its fair,I believe every father should help the mother but there is not price tags on children to say what there worth,it should be equal enough to when the children come over you can all do the same things with them you would if mommy and daddy were together.Paying outrageous child support does not allow that ,NCP ends up in their childs eyes as never being able to do anything with them or take them clothes shopping,even though daddy pays the children do not know!
I understand what you are saying, but the laws are very clear one one thing- each PARENT is responsible for THIER child's financial support, no one else can be held responsible for the support of a child who is not thier legal, natural, or adopted child. To use a parent's spouse's income to determine CS would be illegally holding that person responsible for CS and it just cannot be done.

The other parent could marry a millionare, but still would be paying CS on just thier own personal income (or imputed income) , not thier spouse's millions.

Alot about the system is unfair, but not using a spouse's income is not one of them, sorry. Think about this: do you think it would be fair for your BF to pay MORE CS because YOU have income?