I have a question regarding CS. While I know the laws are different in every state, I've tried to find the answers and have been unable to. Maybe there isn't a set rule in this?

My question is how do they consider children of the marriage in determining CS? I keep finding where cs is 20% in my state for 1 child. It says it will go down if you have another child w/ someone else (ie. your wife). But I can't find how much it will go down.

basic answer: NOT much. <img border="0" title="" alt="[Frown]" src="images/icons/frown.gif" />

Unfortuneately, the laws have NOT kept up w/ current procreating methods (unmarried parents, never married parents & already married to someone else parents). SO it is unclear.

And since there are NO federal guidelines....good luck.

IN our state for example, a NCP (non custodial parent) can request a hardship based on extreme debt, extreme medical bills OR children from another relationship that do not already have a legal court order establishing CS.

Children of the intact marriage usually fit into the last category.

It most likely will NOT be as much as the CS paid out for OC but it can help. It is completely discretionary by the judge. IOW the judge can decide whether to allow it or not & how much.

I'm sorry, the outlook looks grim but that is where a GOOD attorney will come in handy as well (if there is still time) filing a legal separation so you can get your own CS order done first then OW gets a % of what is left over.

Every state is different.

Hope someone else has more info to give you.
And keep looking----there is information EVERYWHERE. <img border="0" title="" alt="[Big Grin]" src="images/icons/grin.gif" />

xoxoxoxoxoxox
kt

It depends on the state. In my state, yes, they are taken into consideration off the top before CS is calculated.

However, if they were to divorce, the COM wouldn't factor in anymore if the OW filed for CS first (before the BW). At that point, the COM get CS figured on the amount of income left *after* support for the OC is figured. Basically, whoever files the first claim ends up with the largest amount of CS.

That is the case in many states, and also why so many here advise the BW to file for separation and CS after d-day.

I went to the DSS website and they had a calculation worksheet that gave me an estimated amount. I haven't talked to the lawyer about what all will be considered i.e. we have a child with extarordinary medical expenses. As far as I can tell though, it wouldn't matter if we were divorced or not. The children of the first marriage come first. MY H could deduct the CS and health insurance he pays for our children off the top. I'm sure the details are up to the judge ultimately though. They also take into account the income of both parents and assume that for a standard of living for the child, so it ultimately depends on your personal situation. Good Luck!