Seeking advice regarding changing child support.
My fiance pays 800$ a month in child support. We also have a daughter together; we pay bills, we have a mortgage now.
I guess my question is, with all the bills and another child, is there any way we can get the child support lowered?? Not stop paying, just get it lowered. He works 70 hours a week just to bring home maybe 400 if he’s lucky and he’s getting burned out trying to keep up. When they did child support for the first time, he didn’t have bills, was living with someone who didn’t charge much for rent, maybe 100$, and he paid for his own groceries. Would they take into consideration that he has bills now and another child? He doesn’t even get to see his first kid because his son’s mom keeps him from him and never shows up for the visitation.
Sorry for it being all over the place. Just trying to help make our household financially stable and now be drowning with child support. I lowered my son’s child support to help his dad out because he was having a hard time, but I guess not everyone is the same.
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Im not sure if been trying to,figure out the same! His Baby mama (and I call her this because she is a typical one) always tries to cut his time yet wants more money out of him.
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Go back to court, they take all income and expenses into account, if there was a change in expenes or income that drastic, the judge may change the payments. Also while he is there, ask for court ordered visitation.
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Contact a lawyer, honestly. The courts here look at income and number of kids and that is it. Edited to add they look at expenses related to the child-daycare and medical/insurance. Your household bills-no. Might be different where you live. Best to contact a lawyer for accurate info.
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Maybe try taking her to court? That sucks sounds like his baby mama needs to get off her ass and get a job.
In ca.it can be reviewed every year although it differs fro state to state id suggest calling this number 1-866-901-3212.ask for a local to you worker and request a review.
Go get it reevaluated, they will take into consideration bills and especially having another child to support.
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Not endless the other mother does what you did and is willing to lower it. Bills and other children aren’t taken into consideration. They go based on income and if you risk going back to court and he makes more then he did he could end up paying more… I had a co-worker who took home $200 out of the month so they don’t really care about new life experiences…
Edit were in CO different states have different laws…
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They don’t care about his expenses. That’s not how it’s calculated unfortunately. Him having another child won’t reduce it by much, maybe $50 a month.
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I dont believe they care about your expenses they base it off income sorry
As far as I’m aware bills are not taken into account (at least not here) you’re expected to live based on what you can afford after child support. But if he’s paying all this money and the mother isn’t showing up then I would go back to court to reevaluate your custody agreement and let the judge know she isn’t allowing the father to see his child.
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Take the first step and talk to a lawyer or go back to court.
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They’re not going to lower it because of other kids and bills. Went to court with my daughter’s father and he used the excuse that he has another child and bills of his own…the judge’s response, “well, what do you think would be happening if this child lived with you?”. You can risk going to court and them upping his child support or you could just leave well enough alone.
Yes they will re-evaluate for other biological children being supported. (In Texas at least) as far as her withholding the child, you need a lawyer and documented proof to try to get the courts to enforce the visitation schedule.
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Going back to court is honestly the only option. The judge has to see what she makes/pays and vice versa. The amount of Child Support is always based on the income of each parent. In my case, my ex only had to pay me $160 a month because I made more than he did at the time (he hasn’t paid in almost 3 years and the amount has since gone up). If it’s court ordered, you will always have to go back to court to fight lowering or raising it, sadly
Yes it is possible to get it lowered. File a hardship since you have another child and and he has more bills/responsibilities
Only $400 for 70 hours a week is less then minimum wage.
It’s a %. They don’t care what other bills you have. But yes the AG is open to reviews every 3 years.
They only consider other child support orders. My daughters dad tried to include care for another child at mediation and it wasn’t allowed.
PA takes nothing into consideration!! Not a damn thing. All they ever look at is your paystubs. They don’t care about ANY other bills. Not even rent/mortgage.
My husband and I were in the same boat, his is with the state of Oregon. He reached out to them and they sent him forms to fill out for it to be reviewed. His child support has been changed in 10 years and we are in a different place financially; ie we have 2 kids of our own, our cost of living changes every few years because he’s in the Army, etc. Anyway, he filled out the paperwork, his ex-wife had a chance to contest it as well and it’s being lowered. Tell your fiancé to reach out to child support and see what he can do. If you have any other questions you can PM me
Take it back to court they can reevaluate his income & Bill’s. That’s the best way to do it.
In mn expenses is taken into consideration id file for a re eval and also get set custody for 1st child that way if she still keeps child away she can be her in contempt
My husband was paying $1100 a month, but since we had two kids together, he got a deduction for both of our kids, and it was lowered to $600. I know the laws vary in every state, but the fact that yall have a kid together could help.
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Uh they base it off income and living expenses. The judge won’t let you be flat broke. The 1st kid always gets more in child support. You can go have it reevaluated. If the babymama works now it’ll be off his and her income together on what he pays. I’d definitely go back to court just to be able to see him anyway. That’s contempt of court. She can get in bad trouble.
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If you guys live together now he shouldn’t have to pay child support
From what I’ve seen they don’t lower it for extra kids. It’s a “if you can’t afford to have more, don’t” that’s what someone I know was told.
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really depends on state. Some states will just say then he shouldn’t have had another kid. It’s not his 1st kids fault he chose to have another. Sometimes they will even up it. I’ve seen it done.
Go to court, take all expenses and the judge will.redo his support. Also.advise she refuses visitation and that will look bad for her.
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It depends on the child’s mother if she says it’s ok
Also if you and your fiancé get married ur income will get included with his then so he will be paying more just a heads up
Go back to court. They factor in certain bills and other children
Based on no income my ex was supposed to pay $100 a week. I doubt that they take anything into consideration. And if he’s working 70 hours a week, they may raise his child support
Depends on what state you are in. In my state, they can’t take more than 20% of your bring home pay
To my understanding they don’t care about your expenses. There’s a formula used of his income and hers. They will only take in consideration another child he legally provides for financially, that’s it. So I don’t know with you all not being married yet, ask. But if he’s working more he could be made to pay more too! I don’t know where you live but that’s how it is in Louisiana.
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They didnt take it in to consideration for us we have 2 and he made very low pay
First of all he should be fighting to see his child. A real Dad does that!
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It really depends on the state you live in your living expenses for both parents are taken into consideration not if a parent has had another child I would definitely look at your state laws and go from there
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He would need to file for a modification and fill out the financial info forms again. He (and mom) may be asked to appear in court also.
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Go back to family court for both issues.
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In ontario canada it’s based off of his income. Doesnt matter if you have more kids or what your Bills are.
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Why are you asking? That’s his business. You chose to have a child with a man who already had a child and wasn’t even being responsible enough to have his own bills. Just makes me think you are the one concerned about this. But any rate he’s always free to file a petition to modify. Doesn’t mean itll happen but it’s quite possible. But maybe let him deal with it. Don’t influence it one way or the other because that child came before you. That’s his deal.
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It depends on the local rules of the courts in your area. If you can’t afford an attorney, then you need to request a full evaluation of Child Support. I know in our County they used to take into consideration if you were paying child support for another child or had another biological child but they no longer do that. I don’t think they factoring rent and bills either at least where we live and it’s based solely on how much someone makes versus how much the other person makes. If there’s a visitation order in place then why isn’t the father filing contempt charges each time the mother fails to show??
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He has to sue her for parenting time.
It’s called a financial declaration form. Both mother and father fill it out to show what u make minus what expense u have for the month and it helps determine how much the non custodial parent should pay. File for a cs modification and then go to your county’s child website ask the clerk or look it up and fill it out and bring it to the cs hearing.
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Depends on the state but income and overnights is what it’s based on. If he wants to pay less, get more time with the child.
They dont care about other kids its set on kid by kid basis. You can do a re evaluation, but if hes making more money then he did originally, he may have to pay her more. It’s based on income…they dont care about other expenses. Even when we had 50-50, we still had to pay because the other parent made less. So we paid the difference between the income to other parent, then half of the daycare cost per month. It was nuts. Now…we pay nothing.
Kids are here 98% of the time. We never ask other parent for any money or any help at all.
From what I’ve read and seen personally no… but id bring up not seeing the child even though its seperate.
I’d be hesitant to go back to court. With that amount of hours it’s based off of income. Everyone has bills. Depending on the number of children he is paying support for its typically 17% for the first child, then 17% of remaining for the next and so on. From experience, I wouldn’t.
As far as visitation… He must be ok with not seeing the kid as you never stated either of you seeking a solution via family courts. You can’t complain about something if you’re not going to do shit about it.
You can try but I believe it’s based off of income. Though each state may be different. He should take her back to court for not following through with the visitation.
I feel like 800 is a lot of he only makes 400 a week.
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I hate when ppl say oh he doesnt get to see the child because the mom doesnt show up or whatever. There are actions as a parent to take if you really wanna see that child. Court! Id do anything to see my child. Thats just an excuse. As for child support it goes based on income of both parents and expenses. You can go back and have it checked but its always a certain percentage.
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In the US, each state has its own child support calculator.
It is based off income, typically who covers insurance and then potentially any child care costs (like daycare) or how many overnights/month.
Other children are only taken into consideration if it means there is another child support order 
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Where I live it is based on income, but also time the children spend with the non custodial parent. If you take her to court for more visitation, even if she’s not bringing the child, the time the child is supposed to be with you will be considered and that will reduce child support.
He can go in for a modification but it’s based off income so I don’t see how it would help if he’s working 70 hrs a week. As far as him not seeing the kid, he needs to file contempt charges on her everytime she doesn’t show up for visitation.
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Depends on the state. In my state they don’t consider the other child because that was his choice
It wouldn’t hurt to try, but it sounds like the other mother is uncooperative. Most states have a first family first rule and support is need based. The expenses of the paying parent does not factor in.
They do a revisit of child support every five years. Your child together and his bills can be put on the itemization sheet but most family court judges will tell you not to live outside your means or have had another kid with the previous obligation you already had.
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Child support is based on income-
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yes alot of places will take in financial situations… id go talk to an lawyer it all depends on your state/county rules…
I believe its 17 percent of pay check minus social security. Have him lower his hours to 40 you can show last 4 pay check stubs and yes file with court for reduction
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Well support is based off income. So prolly won’t change unless he makes a lot less. And as for visitation the dad has to do something. Can’t complain about mom withholding when you don’t go to court and say they’re not letting me see my child.
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It doesn’t go but the amount of bills you guys have. It goes by his income…
Unfortunately the judge will probably not change it.
If she is keeping the child from him he needs to go back to court because if visitation is part of the child support agreement he doesn’t have to pay if he doesn’t see the child. At least that was the way it was for my daughter in Texas.
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Bills are not taken into consideration and other children are only considered with other support orders on file. Child support is based on income. If you go to court, it could possibly be lowered, however you also run the risk of it increasing, assuming he makes more than minimum wage. He needs to take her back to court anyway since she’s breaching visitation. I think that should be priority 1st. My advice for step 1 is getting a really good family attorney.
That’s such a bizarre mindset. The cost of children doesn’t lower just because a parent has additional bills and children.
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He can go to the court and request a mediation and try to agree on something lower, if they can’t make an agreement it’ll go to the judge and they will determine what it’ll be, they will also take in consideration his other child in home. I speak from experience because my SO had to do the same thing, we have 2 together (age 1&2) and he had 2 other kids that are they DSS (he has 8 total but the other mothers would rather be civil and deal outside of court) and he requested the mediation with his oldest sons mother who wouldn’t agree and when they went to court the judge factored in our 2 living in home with him plus the other 2 he has outside of DSS he cares for. The judge granted a lower payment than what he even offered his sons mother. So tell him to do that and to also bring up the visitation (because if it’s court ordered and she isn’t following thru she is in contempt of a court order) and have the whole case re-evaluated.
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Most States don’t add in bills. Just a percentage of his income. If his pay or hours change theñ te child support will too. I have 2 kids and they only receive 215 a month.
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In most states after a year you can go back to court and get it fixed. Def worth a shot.
Yes he can have the courts review his financial records and will take into consideration his bills, the fact he has another child and spouse to support. Definitely have it reviewed he shouldn’t be killing himself just to pay child support. I would also look into why he doesn’t get to see the child he should definitely have access with the child that he pays support for. I don’t know how things work where you live I’m in Canada and I had to take my ex back to court to have his financials reviwed and to have access changed. Good luck wish you the best with it.
I don’t mean this ugly, at all! Please don’t take it that way. But… you knew how much he was paying before you had a child together and before you took on bills together. It’s not fair to the other child to take that away. That being said! He himself, can go to the child support office and request things be looked at and they may possibly change it. It all really depends on the state/County y’all live in and where she lives. If he’s not getting to see his child (and there is a court order in place) he can take her to court and say “I’m not getting to see my child!” And they will change that. If there is no court order (which I doubt there’s not since child support is court ordered) again, take her to court and get visitation set up. He will need proof of trying to see his child and being refused though. Otherwise it’s his word against hers. Been doing this for 12 years with my husband and his ex wife. It’s something we either have to put up and shut up, or back out and forget it. Either way, I wish y’all all the best!
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I am sorry u guys feel this is exceptable but if ur struggling i I am sure she is to. I think its sad trying to screw with someones someone’s child support. They had those kids they pay for them
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It’s based off of income and if he wants it lowered then he needs to file a petition to have it lowered. Also, it’s illegal for the mom to keep him from his kid and he can have the visitation changed so he can see them more or maybe even taken from her.
I get that there are some bitter baby mamas that will actually keep the kids from their dad, but in all honesty, if he wanted his kid that bad he would be doing something about it.
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Well she has bills too
And why should he get a break because you have bills now and a child? 700 a month is 175 a week. I spend that on ONE for his lunch& snack and the activity he has to do a week
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$800 for one child and he makes minimum wage? Something isn’t correct. You can file a petition to have the amount revise. You’ll have to provide proof of mortgage amount, grocery expense and new child.
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No… why don’t you get a job if your drowning?
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It goes by his income not by his bills with his new family.
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So why did you lower your exes child support to help him out and now you’re wanting your new man’s child support lowered as well. If you needed the money or were really worried about bills you wouldn’t have let your ex reduce child support you would’ve kept it the same. I know people go through a hard time but if you let them slide on child support it just hurt you in the end so you helping them ends up hurting you I don’t know I just don’t see why you would have lowered your exes support but are claiming that you still really need money
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You really need a family law attorney. The non visitation on the mother’s part is concerning, even moreso if BF puts up with it. For CS, I’m no expert but I think some states use an “income shares” model, some a “melson formula” and some a percentage of income model - based on income of course, so if BF is working a lot that could backfire on you if you want it lowered. I do, however, think that they would take the fact that he has another child to support now into consideration…but not bills, bills can vary depending on individual choices.
He can take it to court but they may raise it not lower it. Time for him to get a better job or you to get a job
Child support can’t be lowered in my state for having another kid. It’s based on his income. How much is his hourly wage?
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No. That was his “first family” in the courts eyes. His 1st priority is that child.
But the rest is all up for you or an attorney to debate.
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Yeah I’m confused. 70 hours, $400? That means 30 hours are OT. Dont get it.
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The only way to find out is to go back to court and I’m pretty sure judge will lower it
And he needs to fight for why he isnt seeing his kid. Get an attorney.
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Depends on the state. There is generally a formula, based on percentage of income. Some states take other minor children (biological living in the household) into consideration, as well as any other existing support orders. If neither party is on PA, the income and expenses of the custodial parent is irrelevant, other than other minor biological children either living in the home or subject to another order or if there is a significant difference in income. For example; in NYS non-custodial pays 17% of gross income for 1st child. If the ordered parent makes $400 a week, he/she would be ordered to pay $68 per week, even if custodial made $1,500 per week. Of course that’s a simple case, but gives you an idea. Check your state support formula and see if you have a case to lower.
He shouldn’t have had more kids he cant afford
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So basically you have a kid together …plus yours…and now Bill’s. So you want his CS lowered for more money for your “first child” and the one with him
Kinda bs but ok
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Talk to a lawyer, he can have his amount of child support changed. Seems like hes paying way to much
Lol nope. But he should go back to court for visitation.
Yes, it’s not normally easy and a lawyer is almost a must
Why haven’t you already gone to court if she won’t left him see his kid? 
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If she isn’t allowing him his visitations with his kid, then why is he playing child support? I would’ve already been in court for that.
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They’re not going to lower anything because of bills and a mortgage. And I don’t want to sound like an asshole but if he was struggling to pay this before then maybe a second mouth to feed wasn’t a good idea at this time. Look at it from the other point of view. The child’s mother shouldn’t loose so you can own a house and have a baby. However if he is making less money then that’s the only way they’d lower it. Just will just tell you to live with in your means and his child support should come before anything else.
Should be able to amend court order. He should try to get visitation changed. If there is a order with regular visitation, she is violating the order.
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In Az if there was other kids involved they took that into consideration and lowered it, but if she has another kid as well then that can screw yall too. Go research at a law library in your state. That’s your best bet. Good luck to y’all.
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So considering she’s skipping his visitations I would tske her back to court for that and the child support. Prove bills and income. Prove she’s missing his visits. And she what the judge thinks.
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