Are Arrears Considered When Child Support is Calculated

My question involves child support in the State of: WV....My son's father has multiple kids (5 with 1 on the way). His oldest has turned 18 and he doesn't have an order for second oldest. My child is the third. Can I go to child support to get an increase. I am only awarded 50. Are arrearages calculated in the child support calculations? I have 1 child and I work 3 jobs. He has 5 with 1 on the way and barely works one. I don't see how the system thinks that this is fair.

Your answers should be in your court order. If you want current payments to include arrears get a modification of your court order to reflect this

There are no arrears for nu case... but he owes arrears for another one.....that child has turned 18. I want to get my payment increased from the current $50 but I was wandering if they will consider his arrears since there isn't a current order for the child that is owed the arrears..

Ok so you want arrears for the 18 year old added to current order for another child who is still a minor?

No I want my order increased for my minor child since he only owes arears for a child over 18.

Ok justify for me how you feel you should increase support if its not to help pay arrears?

She doesn't have to justify it to you.

Basically, the father was paying one or two other women (not clear on that) child support, leaving her as the last woman in line collecting child support, and thus, getting far less than the other one or two. One of the children has "aged out" of child support, but the father still owes arrears. Her question is are the arrears considered just the same as child support is? If they are not, that moves her up in line for child support, and it may go up. If it is, she's still in the same position she was in before.

I don't get assistance nor live in public housing. I'm only awarded 50 a month which isn't enough for a 12 year old going through monthly growth spurts. He does nit owe arrears because a stimulus paid it fo him. I also only get 50 because he had so many kids...some of which he no lnger has a cs order. He only owes arrears for 1. My health is also deteriorating because I have to work so much. I simply can't do it all anymore. I am the only constant in my child's life and I need help

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He has 5 kids w 5 baby moms......mine is 3. Do arrears count in the calculation?

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Quoting mmmagique

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She doesn't have to justify it to you.

Basically, the father was paying one or two other women (not clear on that) child support, leaving her as the last woman in line collecting child support, and thus, getting far less than the other one or two. One of the children has "aged out" of child support, but the father still owes arrears. Her question is are the arrears considered just the same as child support is? If they are not, that moves her up in line for child support, and it may go up. If it is, she's still in the same position she was in before.

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Thx I didn't think I was explaining it right......:-)

I don't know if arrears count in the calculation or not. Hopefully, someone who is more knowledgeable in this will be along to help you. If not, I'd call down to the child support agency tomorrow and ask them. (in fact, I'd call about three or four different times-to speak to different people-just to make sure I was getting the right answer.

Yes, arrears will count because there's a maximum to what the State can take from any given person for child support and arrears.

The more important thing though is what has changed in Mom's circumstances to warrant a modification?