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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 8681
Experience:  Experienced Family Law Attorney
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My children were adopted to their stepfather but before we

Customer Question

My children were adopted to their stepfather but before we got married he had a child younger then mine. He left us and went back to the babies mom. My question is, when it comes to child support even though he lives with his youngest and admits it he went and changed his support to the babies mom from $75 to $175 after I filed for support. If my kids are adopted and older then his youngest does he get to claim the $175 for support or is it still first child first by age? He got to right off the $175 as child support before mine was determined. He pays me $140 for two and $175 for is youngest he lives with?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Indiana It's suppose to be first child first but the baby was born before he adopted my boys
JA: Has anything been filed or reported?
Customer: Yes,
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just is he allowed to count the $175 for the child younger then mine or does it go by adoption date or what?
Submitted: 4 months ago.
Category: Family Law
Expert:  LegalGems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 4 months ago.

The court will look to the birth date of biological children, and the adoption date of adopted children, as that is when the financial support obligation is effective.

Here is a worksheet:

http://www.in.gov/judiciary/files/csow.pdf

But there is no set amount of support- rather it is based on the parties' respective income. Here is a worksheet:

http://www.in.gov/judiciary/files/csow.pdf

So basically the court will consider other child support obligations when determining subsequent support orders but that does not result in one child receiving more support than 2 siblings.

Since the guideline amount is discretionary, if the parent lives with a child that they are ordered to pay support for, the court may disregard that support order when calculating support for the 2 adopted children, as the idea of the discretion granted judges is to ensure children receive adequate support-and it is very unlikely for a court to determine that $70 a child is adequate.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 4 months ago.
I know he gets to take the credit for the child he lives with but legally in Indiana it's first child first. So since mine are older would mine come first? Can he use him as child support or responsibility because it makes a big difference. Right now they are making the third child first by age. He adopted mine after he already had his youngest and went back to her. I'm trying to find out if he can get the credit as a subsequent child or child support credit?
Expert:  LegalGems replied 4 months ago.

It is the date of adoption that controls, because that is when the legal obligation for financial support begins.

He can get the credit, but there is no set amount. Normally 2 younger children will receive more support than one older child; and if the child lives with the parent, then the court can disregard the court order (discretionary) because presumably the parent is contributing to the child's expenses as a member of the household so the support order for that child would be redundant.

Customer: replied 4 months ago.
Ok. Thank you. The one that lives with him is younger then mine. But goes by adoption date?
Expert:  LegalGems replied 4 months ago.

Yes, that is correct, as that is the date the stepparent became legally responsible for purposes of support.

Expert:  LegalGems replied 4 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
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