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I just went through divorce and obviously have a set amount…

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Hi I just went through...
Hi I just went through divorce and obviously have a set amount to pay child support which unbeknownst to us was lower than the usual guidelines. I also have another daughter with a Nother mother in which case I am going to court about child support for the first time and is yet to find out what the amount for that child will be. In Massachusetts how does that work if you have two children with two different mothers for child support? Is there a total figured that comes from my paycheck before or after taxes and it split between the both mothers? Or does the first mother that applies for get more (according to my ex wife’s attorney it was whichever mother goes to court first gets more)? So I guess to make this as simple of a question as possible if I make $1000 a week before taxes is it true to say that 25 percent of the app or $250 would be for child support? And that each mother would get half of that $250? Or would there be a difference of who gets what? I have a preference of who would get more if that were the case and is it true that child-support is determined before taxes but the amount be paid after I pay taxes?Thank you for your help any assistance is greatly appreciated
Submitted: 8 months ago.Category: Family Law
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1/5/2018
Family Lawyer: N.Brown ESQ, Lawyer replied 8 months ago
N.Brown ESQ
N.Brown ESQ, Lawyer
Category: Family Law
Satisfied Customers: 195
Experience: Attorney
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There is not one total amount that comes out. Each mother would get a separate child support amount ordered. As part of the calculation for support the court takes into consideration support paid to other children. So if that additional support is not already in place then, yes, the mother who gets the first order would get the higher amount. The amount of support being paid whether in place through a pre-existing court order, or paid voluntarily can be deducted from the parent's income who is currently paying support (i.e. from gross income). Generally, obligations to a subsequent family may be a defense to a request to increase an existing order, but that obligation should not be considered to decrease an order. So in your case the second order is likely to be a little bit lower, because your gross income used to calculate it can would reduced by the amount you are currently paying the first child's mother.

There's no way to calculate a hypothetical amount based on your $1000 a week scenario as the calculation also takes into consideration both parent's income. Here's a link to a simplified calculator for child support:

http://www.alllaw.com/calculators/childsupport/Massachusetts

The court won't take into consideration your preference as far as who should get more, as the support is based on a calculation of the parent's income. The court does allow for deviation from the amount that is found under the guidelines thereby increasing or decreasing the initial calculation from the guidelines. That may be a way for you to increase the amount based on your preferences. You are correct that the support amounts are determined based on gross/pre-tax income and the payments are paid out of your net/ after tax income.

Here's a link to the MA Child Support Guidelines:

https://www.mass.gov/files/documents/2017/09/01/2017-child-support-guidelines.pdf

If you have any additional question and or want to continue this discussion I would be happy to do so, just reply to my answer. If I have answered your question then please Accept the answer and provide a rating as that is the only way I am credited for my response. I hope your legal issue is resolved to your satisfaction.

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