My husband has 2 kids from a previous marriage. He pays $800 per month in child support that supports his ex-wife's tattoo and drinking habits. His kids live in the basement of their grandparents house. My question is... I have 2 kids of my own and we are expecting a child in May. We are going to take her back to court after the baby is born to lower the support for his 2 kids because we will have one of our won to support and financially, $800 a month is too much. He is in the Army. My question is, does the fact that we are married make him financially responsible for my two children as well. And what is the standard for setting child support in Massachusetts.

My husband has 2 kids from a previous marriage. He pays $800 per month in child support that supports his ex-wife's tattoo and drinking habits. His kids live in the basement of their grandparents house. My question is... I have 2 kids of my own and we are expecting a child in May. We are going to take her back to court after the baby is born to lower the support for his 2 kids because we will have one of our won to support and financially, $800 a month is too much. He is in the Army. My question is, does the fact that we are married make him financially responsible for my two children as well. And what is the standard for setting child support in Massachusetts.

No, he is not legally responsible for your 2 children. You and the children's bio father are.

You can go to www.govengine.com to find the Mass. laws concerning child support. You really need to check the laws before he files to decrease, because maost states do not allow a decrease in CS because of a NCP's subsequent children. The general rule is that if a parent chooses to have more children, the laws won't allow that parent's older children to suffer because of the parent's choice.
Xena :)

Actually what I said was we were expecting a child in May, that is biologically his. And, in Texas my ex who has not paid child support in 4 years recently had another child and guess what, his child support to me was lowered because he has another child to consider. So if someone who has never paid a dime can get his child support lowered because he has another bio child, dont you think that someone who pays $800 per month, and according to the decree, its because she was not working at the time and he was to pay for half of daycare which the children are not in, could get some sort of lowered payments. Do the courts really expect him to give up over 1/3 of his checks a month to the first two children and the new baby have to suffer and go without because they dont want to lower it. Dont get me wrong, I was a single mom for over 4 years and worked and went to school full time to take care of my kids and will do whatever necessary to do so. But his ex has never once since they got divorced bought those kids school clothes, or supplies, groceries or even rent. My husbands father buys all of the kids clothes and keeps them 90% of the time. We live in Texas so seeing the kids is difficult since they live in Mass. The kids live in a basement for goodness sake. She has a full time job and the $800 a month and she cannot get those kids a place they can call their own. Not to mention the fact that the oldest child calls us crying all the time begging us to come get her because she wants to live with us. SUrely the courts arent so ignorant that they would let this kind of thing stand and if they are then I am very saddned by our system. Believe me I am in the middle of both ends. We pay his child support while I have never gotten anything from my ex. What do the courts do for someone who has never paid, lower their child support. Sounds like a great system to me.

Plain and simple. Why can't you just go and get the kids while they are in your father-in-laws' care? Sounds like there is alot of dysfunction with the mother and some needs to step up to the plate and give these children a stable environment. Living in a basement isn't one.

Just my $0.02.

~peace~

I live in Texas... My husband pays 20% of his income for CS for his first born child.....we now have a child of our own.. Our lawyer said CS could legally go down to 17.5% of his income...but it makes about a 20.00 difference a month and it is not worth paying the lawyer's fees to file the paperwork.....

Unless he adopts the kids, he has no legal obligation to them, though as a military member, if they are household members he is expected to ensure the kids are living up to certain minimal standards. I suggest that you go visit a JAG legal assistance office as they can help answer your questions and address these issues for you and your husband free of charge, and likely initiate or draft the legal paperwork for reduction of child support.

We cant just go get the kids. He is in the Army and if we just went and got them she could put him in jail with the military. She has full custody of the kids. When she found out we were having a baby of our own she called his command and stated that he was not living up to his end of the divorce decree. She got him in a lot of trouble and now his promotion may be stopped until he gets her to stop calling them. Jag will not help us in this case. They only handle military matters according to them. His ex wife is evil and will stop at nothing to get everything she can out of him. SHe gets $800 am onth and still asks for more. even though she pays no rent, utiliteies, groceries, or even clothing for the kids. My In-laws have bought all the kids clothes and school supplies since they moved up to Mass. Its a bad situation and she is the kind of greedy CP that makes all CP's look bad. She is pure evil.

I am not sure if I am doing this right , but here goes...........!
My husband has 2 children with his previous wife ages 17( Daughter) and 22(Son),They lived and were divorced in Mass. His Ex and children still live there. his Son is going to College , so my Husband is obligated to continue support intil he is 23. We just found out his Son is about to become a Father, we are wondering what , if any , responsibility my Husband has with this Baby and if his Son chooses not to get married , is my Husband going to have to pay support for the new baby as well ... ? We think if he gets married , he becomes emancipated, and child support would stop ...! but then again these days I am not too sure of anything.....!
Anyone with any knowledge in this subject ,,, posting back would be greatly appreciated .........! Thanks ...Firelady :)

I am not sure if I am doing this right , but here goes...........!
My husband has 2 children with his previous wife ages 17( Daughter) and 22(Son),They lived and were divorced in Mass. His Ex and children still live there. his Son is going to College , so my Husband is obligated to continue support intil he is 23. We just found out his Son is about to become a Father, we are wondering what , if any , responsibility my Husband has with this Baby and if his Son chooses not to get married , is my Husband going to have to pay support for the new baby as well ... ? We think if he gets married , he becomes emancipated, and child support would stop ...! but then again these days I am not too sure of anything.....!
Anyone with any knowledge in this subject ,,, posting back would be greatly appreciated .........! Thanks ...Firelady :)
You really should start your own thread, but I will go ahead and answer THIS question here, okay? (In the future, start your own so you will get more responses.)

Your husband will have ZERO responsibility for supporting his grand child. None, nada, zip. His SON will be responsible for supporting the new baby.

As far as your husband continuing to pay child support for his son.... yes, if he is not legally emancipated (court decree, military service or marriage) your husband is still responsible for paying child support as ordered. Becoming a parent does not render a minor legally emancipated.

Thank You, mommyof4 for your quick response, sorry about not starting a new thread , I will in the future, all this is quite interesting , since I just can't seem to get answers from anyone without it costing lots of $$$$
Once Again Thanks mommy0f4....
firelady...:)