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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 845
Experience:  9+ years of experience in divorce, custody battles and mediation.
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During child support calculation do they take into

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During child support calculation do they take into consideration that a person has two kids and one of them doesn't have a father. Child's father was deceased. That parent is suppose to get child support for the second child. Do they consider child expanses for the child that does't have a father to calculate child support for the second child?

Hello!

Hello:

Your question, as I understand it, is can the court order a non-custodial parent to pay child support for a child that is not legally bound to them, on the grounds that that child has no other father to support them.

My answer: No, not usually. The court can only order a parent to pay child support for a child that they have a legal relationship with. You have a legal relationship with a child when the child was born during a marriage, OR the father named himself on the birth certificate, OR later told a Judge he was the biological father and accepted legal responsibility, OR took a court ordered DNA test that showed a biological relationship and a Judge declared him to be the father OR the father adopted the child in a court of law.

If none of these things have happened, a court will not order a father to pay child support for a child that is not legally his, even if the child in question has no living father.

Customer: replied 10 days ago.
No, my question is should the court take into consideration that I have 2 kids and child expenses for both of them and subtract that amount from my income before calculating child support for the second child?

Ah, got it. Yes, if you are caring for another child that's legally your child and you're being ordered to pay for child support on a different child, the court should take that into consideration. It's usually a blanket percentage reduction, not a dollar for dollar reduction based on expenses. So hypothetically, if normally you were ordered to pay 20% child support on child A, if you were also supporting Child B, then the percentage on child A would go down to 17% percent. Each state is different in how they make the adjustment.

Customer: replied 10 days ago.
But If I will be getting child support for the second child and they compare my income with child's father income. Don't they have to subtract my child expenses for my first child from my income before comparing to his income

It is totally state dependent. What state are you in?

Customer: replied 10 days ago.
Pa

Based on Rule 1910.16-5, it's something that likely can be considered by a finder of fact or Judge in your case. It's not a line item deduction on the child support calculations for PA, so it'd be at the Judge's discretion.

http://www.pacode.com/secure/data/231/chapter1910/s1910.16-5.html

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