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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33763
Experience:  Began practicing Family Law in 1992
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My boyfriend has a son from a previous relationship that he

Customer Question

my boyfriend has a son from a previous relationship that he is required to pay child support for. When he and I have a child, that child will be living on a combined income of less than what the mother of his first child makes on her own without child support. My question is, will they really take away from the money we have to support our child when it is already substantially less than the money that his ex makes? I understand that he helped create the child and that he is obligated to help support him, I'm just worried that they will continue to take 25% of his income before taxes for child support. I'm worried that we won't be able to provide for our child the things that his other child gets just because his mom gets so much more money than we do. Can you shed any light on what could happen as far as his child support goes? Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

He will have to pay whatever the order states he has to pay. However, he can ask for a reduction in child support by filing a Motion to Modify. There are a couple of extra percentage points knocked off if he has other children. However, before he files he will want to talk to the local lawyer and make sure that the judge there interprets the statute that way. I have seen a few judges that take the position that you only get the lower amount if you are paying child support on another child, not just because you have another child. Most will grant the request though.