Will the judge take into consideration that he is currently paying child support for another child? 11 Answers as of April 18, 2013

My boyfriend is scheduled for a child support hearing with his ex.

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
If your boyfriend is paying child support for another child that is for an Order of Support issued from court, then that is a mandatory deduction that the court must deduct when calculating his child support obligation. However, if the child support being paid is voluntary, and not through an order, then the court does not have to consider it when issuing the child support order for the new case.
Answer Applies to: New York
Replied: 4/18/2013
Law Office of John G. Galasso | John George Galasso
In the Ohio guidelines worksheet, there is a place for support paid to other children. You need to bring proof of that other order with you to his hearing.
Answer Applies to: Ohio
Replied: 4/17/2013
John Russo | John Russo
They have to give him a credit for the other support payment it's the law.
Answer Applies to: Rhode Island
Replied: 4/17/2013
John H. Sibbison III, Professional Law Corporation | John Sibbison
Yes, it's what is known as a hardship deduction in California.
Answer Applies to: California
Replied: 4/17/2013
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
Yes.
Answer Applies to: Wisconsin
Replied: 4/17/2013
    Henry Lebensbaum | Henry Lebensbaum
    It is a small factor.
    Answer Applies to: Massachusetts
    Replied: 4/17/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Your boyfriend's circumstances, income, and responsibilities will all be taken into account in the determination of what is child support obligations should be.
    Answer Applies to: Michigan
    Replied: 4/17/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    The fact that the father of this child is also paying child support for another child is one factor the Judge will consider when order the amount of child support to be paid. However, the obligations he has for any and all of his children come first before even his own needs. Because he is the one that brought these children into the world, he needs to put their needs above his own until they are 18, but he should pay a fair amount considering his own capabilities to earn money and his current obligations to other children.
    Answer Applies to: California
    Replied: 4/17/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The amount he pays for another child is part of the support calculation.
    Answer Applies to: California
    Replied: 4/17/2013
    Reade & Associates
    Reade & Associates | R. Christopher Reade
    Yes, total support obligations and number of children are a consideration in the setting of (and deviation from ) child support pursuant to statutory formulas. NRS 125B.070 and NRS 125B.080.
    Answer Applies to: Nevada
    Replied: 4/17/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes, in Nevada there is a downward deviation for the support of other biological children.
    Answer Applies to: Nevada
    Replied: 4/16/2013
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