Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Marriage & Divorce

Can my childs father get the court to reduce my child suport bcause he's having another child w diff. woman?
Find answers to your legal question.





Can my childs father get the court to reduce my child suport bcause he's having another child w diff. woman?

He is having a child with his new partner this Dec. and he threatened me with taking me to court to reduce my child support..can he do that? Will the court rule in his favor?


    




tattoo282001
Rating
no


Izetriyen
Yes, yes he can. Yes, yes they will.


Jen
Rating
Depends on what state you live in.... There are other reasons he can have the amount of child support lowered... like my ex. he got "laid off" so he didn't have any income, but he wife started a new business now he works for free....

Get a good attorney, if you can not afford one, seek out legal aide. We do our best to help but this is a serious issue.


yager19
Rating
Most likely...NO and why should he pay less? He made the baby and he is obligated till the child is of the age of majority.


kf4wwe
Rating
No he cant


*steelers*
no he cannot


I dont know
I Hope He Can.


AmySue
Rating
Get a lawyer if you don't have one and he will know the laws in your state. I doubt it a judge would reduce your support payments. It's not your fault that your ex keeps having kids!


taterhead30
It depends on your local laws...here for instance ...he would not be able to reduce his payments because the law states that your payments are based at a percentage of your income...not the number of dependants.you could actually owe more in support payments each month that you make - it would depend on the number of kids involved !!whew!! glan it ain't me!!!
( cheaper to keep her ! ) ; )


naute_girl
Rating
In some states they can lower it since he has another child. They can also lower it based on what he makes if he makes less then what he was making yes they can lower it. It will be up to the judge.


olderbutwiser
Rating
In North Carolina, he can't, no. His first responsibility is to his child that is with you.....not the new one. He knew he had the first one, before he got his partner pregnant. The judge will rule in your favor. Don't worry about it. He doesn't have a leg to stand on!


42ITUS™
There's only so much the court can take away from anyone. I think the usual limit is 50% of their pay. If there's only 2 kids, I think they don't have a problem with taking 34% or a set amount that's in the neighborhood of that. I doubt the court will go for it, unless he's incapable of making enough to support himself.


mzduncan1999
Rating
I don't know the laws in your state, but where I live child support is based on salary not how many children one can have afterwords. I wouldn't worry. His responsibility hasn't lessened because he is having another child.


pseansum
Rating
Its not the court.....It is the law. In some states, (I live in Texas) child support is determined by the total number of dependants a father has. Example: If he has 1 or more child(ren), with you, then the amount of child support is set at a certain percentage of his income. When he has another child by another woman, he is also responsible for supporting that child as well wheather he has custody or not. By law, the percentage of his income that goes to suppport your children is reduced. I know that this sounds a bit unfair but lets look at it this way: Let's say that a man had a child with woman 1 and he is ordered to pay 25% to her; then he has a child with woman 2, now he would have to pay out 50% of his income; add a child with woman 3, 75%; woman 4, 100%. I am not suggesting that men should just go out willy-nilley spreading their seed, but the law does take into account that lives do go on after a split-up/divorce.


deal
Rating
well if you are still single then they wont rule in his favor.


Froggie
Nope


fetter_2004
Rating
Some states will lower your child support if he has another child.
Good luck


jc1959
Rating
he can petition the courts to lower his payment but it will be hard to prove hardship if his wife was working before she got pregnant she can go back to work later.


chicana
i dont think that its possible because its not your fault hes having another baby


Dr who
With most judges first child first.Most likely the judge will tell him to get another job.


crownvic64
No he is still responsible even if he had 100 more children with another woman!


basketcase88
Rating
He can do it, he can do anything he wants to, but that doesn't necessarily mean the court will rule in his favor. Actually, I'd bet money the court won't rule in his favor and tell him to take a hike. Legally speaking, of course. Best of luck to you!


craig c
Rating
im not sure what state your in hunny but here in michigan theirs no way he could do that hes trying to get under your skin dont you worry hes got to take care of his offspring bottom line ive been paying for 9 years and my kids deserve more ! dead beat dads dont deserve to be parents keep your chin up sweety !!! c.j.c.


That guy you hate, for no reason
Rating
depending on the age of the child he can reduce the payment and if you are not spending the money on the child he can reduce payment but that takes alot of research and i'm sure he is to lazy to do it


Village Idiot
If the courts feel that paying child support to you puts EITHER child at financial or social risk, then yes, they can consider reducing child support payment. It's not likely, but they can.

The courts try to work in the best interest of all children.

It's a tough case to prove on his side though.


ona585
Rating
No even if he was to lose his job he would still have topay you child support until your child is at least 18 in almost all the States. Nearly every State in the Union has a minimum amount a man must pay regardless of income. In my state that amount is 75.00 a week per child. The only exception will be if there are clauses in the divorce decree such as, if the child leaves home permanently or married before the age of 18 then child support would cease. If your ex threatens once again tell him to go ahead and try , it will cost him a lot of money and he will still lose. One of the ways to stop this is, petition your local Child Support Office to have all child support paid to the court system and have them send the payments on to you. He will then have to pay court fees and you will have leverage to keep him honest and paying for your child. If you do this he must pay the court on time, if he doesn't they will go after him. The child support office will also freeze all of his Federal and State tax refunds until all money is paid to you if he tries to default or tries to reduce the payments on his own. DO NOT ALLOW HIM TO GET AWAY WITH NOT PAYING YOU THE CORRECT AMOUNT.


skuybus
Actually he can. He can request a modification for child support payments to be able to provide sufficient financial support to both of his children.


akili6
Demanding full payment of child support just because your child came first is the most selfish, inhuman obscenity you can do. If you are willing to throw another child under the bus to save your own, then you do not deserve to be called a mother. They should take your kids from you! You are just living up to the stereotype of greedy, child support leeches.





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum



Copyright (c) 2009-2013 Wiki Law 3k Sunday, September 21, 2014 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.034