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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37972
Experience:  Retired (mostly)
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my ex husband and i are have gotten back together, however

Resolved Question:

my ex husband and i are have gotten back together, however he has a child with another woman that he is fighting over child support and custody for right now. we are currently trying to figure out what his child support obligation should be in washington. Based on their child support calculator and what washington DCS said the support is based on a 4 child family since with have 3 children and they have 1. is this correct? also if i base it on a 4 child family his support comes out to 353, does that mean she gets the whole 353 or does she get 1/4 of that since it is a 4 child family and only one of the is her child?
Submitted: 5 years ago.
Category: Family Law
Expert:  socrateaser replied 5 years ago.
Based on their child support calculator and what Washington DCS said the support is based on a 4 child family since with have 3 children and they have 1. is this correct?

A: Yes. It would violate the equal protection clause of the U.S. Const. 14th Amend., to discriminate in favor or against any individual child -- assuming that you also have a child support order against your husband. If you request and the court dismisses that order, then the court could ignore your children and favor the child from the other relationship by increasing support. I'm not saying that a court would actually do this -- just that it's legally possible, if the court dismisses your child support order against your husband.

Not that this would matter, since if you're back together, because the money would simply be routed from your husband's employer to the state and then back to you, rather than simply paid to your husband with each payroll check (assuming your husband is employed by someone else, rather than self-employed).

I'm not trying to unnecessarily complicate this answer -- but, in your circumstances, sometimes unusual outcomes exist, and I'm trying to cover them, so that you're not surprised. Family Court judges can be surprisingly biased one way or the other, so if you have a current child support order, you may want to just "leave well enough alone."

Also if i base it on a 4 child family his support comes out to 353, does that mean she gets the whole 353 or does she get 1/4 of that since it is a 4 child family and only one of the is her child?

A: If $353 is the entire support award for four children, then the other parent would receive one fourth of that amount (as long as you maintain your current child support order -- if you don't, the court could find an excuse to increase the payment to the other parent).

Hope this helps.

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