Child Support modification againt BioMom that make way more money
Hello, I'm new here and had a question about Child support. My husband has 2 bio children with ex-wife (5/g and 3/b). she's a dr and makes 4xs more than he does. we get the kids every thursday and then every other weekend thursday to monday. My husband and I just had a baby and are struggling financially because he pays 1200 a month to her.
My question is... Has anyone gone back to court to file for a modification of a decreased child support due to these circumstances?
i don't know if i'm being selfish or if i'm a bad person because now ii see my stepkids as a burden because they have everything and i'm over here hesitating on spending money on my own child because we don't have enough even for the bills. Maybe jealousy because of it. my baby is only 5 months old and i hate that i have to watch what i buy for her. Sorry if i seem horrible but was just wondering if anyone has ever been able to get their child support modified because of this.
btw, ex-wife always throws it in my husbands face that she makes way more money than he does and it pisses me off.
No, you are not being selfish
No, you are not being selfish. Nor are you a bad person.
But.... adding non joint children to the blended family situation rarely will result in reduced CS for the NCP. First family children get priority of resources from the courts.
My wife alone made 3-4X what the SpermIdiot made during the last half of the 16+ years we lived under the Custody/Visitation/Support order. Interestingly, every time the SpermIdiot would add another out of wedlock spawn by another underage statutory rape victim ... he would try to get his CS lowered and ... it would go up. That is the beauty of the income shares model used by all but one state. Each state may vary slightly in their income shares formula but it usually is a factor of BioParent income and parenting time. Interestingly because my wife's income continually increased while the SpermIdiot's spawn collection increased the total combined bio parent income that was used to establish the level of support for my SS increased. Because as the money increased and the parenting time did not change the NCP's CS obligation increased though his % of income kepts shrinking.
Even though I am married to the CP in our blended family world I get that NCPs get screwed financially.
Do not get your hopes up on a decrease in your DH's CS obligation with the addition of new children to your marriage. It is extremely unlikely that will happen. Any time we filed for an increase CS went up. Any time BioDad added a child and then filed for a decrease..... CS went up.
Good luck though and congratulations on the new baby.
I understand your frustration
Sorry you are going through this. I dont have much to add, except that your husband is going to have to keep making those payments! Adding more children might change things, might not, I dont know. In our state they used a simple online calculator, and combined the incomes. He doesnt pay the max, I know that. Plus it wont break us. I make the same as him now, so we are better off, but I resent that he has $1,100 that is flying out of our household. A little over half that is dropping into Toxic Trolls wallet, which we BOTH hate, but the law is the law is the law.
Im also sorry that your children have to do without, while the toxic ex has more than enough. You are human, these are human thoughts and feelings. I too resent sometimes. Right now, munchkin sd12 is sweet, but each year, her "needs' grow more expensive. Clothes, her violin, her tablet...luckily DH is frugal and doesnt try to buy everything non essential that princess asks for, so Im lucky there.
Look up if there is an online
Look up if there is an online calculator for your state. Generally the new baby will change it but not by much. If DH has gotten a decent raise since the last time the order was made you might end up worse off. I take it your state doesnt factor in the moms income? Honestly if I were making as much as I'm sure she is I wouldn't even want that much for 2 kids unless the ex was a deadbeat altogether.
I have a tag on question...
I have a tag on question... What if you and dad do not get legally married and have a child together... Can you submit your own CS paperwork and therefore if the BM tries to get more money at some point, will it actually put her at risk of a decrease by handling it that way? We are having a slightly different issue, BM deliberately was jobless so they only instated a low income level so she now gets to work only part time, gets CS, and her 'disabled' mom get SS and pays for quite a bit as well while we both work full time adult jobs. Frustrating