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  • Support for my Children

    Hi.
    My husband pays support for his daughter from a prior marriage. His daughter is now 16 years of age. I am currently pursuing a legal separation. We have 3 children together; ages 8, 4, and 1. He pays $130.00 weekly for his prior child- $117.00 regular and $13.00 arrearage. He brings home about $600.00 weekly. I make $28,000 a year. I don't know if my children are going to get what is deserved because of the high amount that he already has to pay for his prior child. My question is this: If my husband were to go back to court and try and modify support for his prior child, would they consider lowering the amount to be payed for her if in fact they knew that my husband was now going to owe support for 3 other children as well? I have been told that the children who were born first in the prior marriage, is considered foremost, then the others. Can anyone give me a little advice before I make a move? Thanks!

  • #2
    state

    We need to know the state. Most states will not take into account children born after.

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    • #3
      My State

      Thanks for replying. I am in Indiana. How unfortunate that some states will not recognize the other children. The children are innocent. Thanks.

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      • #4
        Originally posted by coin59802 View Post
        Thanks for replying. I am in Indiana. How unfortunate that some states will not recognize the other children. The children are innocent. Thanks.
        Even though the first order can't be modified the good news is that you should be able to get a decent amount of CS. The federal law allows a garnishment of up to 50% of net pay (for all orders combined). So, there's alot of room left for your kids' CS after the first kids' CS is paid.

        It seems unfair, but in reality it isn't. The laws are written with the assumption that if a NCP cannot support older children AND subsequent children, then NCP shouldn't have any subsequent children. Look at it this way- IF your kids were his first, then he had subsequent children, would you be very happy to learn that your kids would get LESS because of the other kids?

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