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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35406
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am starting the divorce process and want to know how child

Customer Question

I am starting the divorce process and want to know how child support works when my soon to be ex has a child with me and one from a previous marriage. He does not currently pay child support for his oldest child. His ex wife can petition the court in 2017 for child support. There is nothing in their divorce decree that states anything about how child support would be calculated if he were to have another child. I have read that I can have it be in our decree that child support is based on my soon to be ex husband's income and that when his already ex wife petitions next year, child support would be based on his income AFTER the amount taken for support of my child. Please advise
Submitted: 6 months ago.
Category: Family Law
Expert:  LawTalk replied 6 months ago.
Good afternoon,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. Child support is based on the state guidelines in the state where the support is ordered. If you divorce and get the first support award, it will be based on his entire income. Then if his ex seeks support, her support will be based on his entire income with him getting some credit for paying you support already. But it is not handled like you propose and a court in another state would have no legal obligation to abide by your decree's language even if you could get the judge to order that child support is based on my soon to be ex husband's income and that when his already ex wife petitions next year, child support would be based on his income AFTER the amount taken for support of my child. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 6 months ago.
Good afternoon,Do you have any additional questions that you would like me to address for you?In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?Thanks in advance,Doug