Can You Reduce Child Support Based on a Child from a Prior Marriage

I am just saying I don't think it's fair to give one everything and not acknowledge the cost for my 13yo that lives with me. I'm not sure what I am missing.
If my 7yo costs that much a month according to the court how can they not also asses the cost of both. It seems like common sense to me. He is not free just because he lives with me.

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Quoting Dogmatique

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Why not give both $1200?

That's fair, right?

You don't think that's fair - I can guess.

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To answer that, yes, I think that does sound fair. If I was paying child support for my 13yo, I would be paying more than $1200. Right? So why should the court not acknowledge that?

I suggest you reread #6.

All of your children need to be fed, clothed, housed, educated, etc. The fact that you did not pursue child support for your 13 year old was your personal decision. That decision does not change the younger child's needs, and the mother of that child is not obligated to accept less in support merely because you decided to be a "nice guy" and not insist on support for the older child. The two obligations are not related in any way. She has no obligation to you at all in this regard, no matter who else you are supporting. Honestly, that's not child #2's problem. That child deserves support. Period. Your choices don't enter into the equation.

I believe the "trick" in filing for child support for kid 1 is that mom and/or lawyer of kid 2 might see that as an attempt to get out of the increase?

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Quoting wess1881

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I believe the "trick" in filing for child support for kid 1 is that mom and/or lawyer of kid 2 might see that as an attempt to get out of the increase?

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Let's break this down.

Dad has an obligation to support child #2. He's due an increase, so Mom of #2 is bringing the matter back to court. Child #1 doesn't enter that equation since there are no existing obligations to any other children.

Dad has custody of child #1. Neither he nor Mom #1 are currently paying child support. This means that if Dad does file against Mom #1, he'd get credit because there's already an order in place for child #2 - but it won't affect Mom #2 at all. She'll get the increase per guideline support.

That seems very strange, would it be different if dad was still with mom 1? Just curious how the calculations are made, it would seem even if there are no orders in place, obviously someone is supporting kid 1 and one would think the court would acknowledge that and assume it to be the custodial parent? Or is that too much to assume?

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Quoting wess1881

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That seems very strange, would it be different if dad was still with mom 1? Just curious how the calculations are made, it would seem even if there are no orders in place, obviously someone is supporting kid 1 and one would think the court would acknowledge that and assume it to be the custodial parent? Or is that too much to assume?

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Way, way too much to assume.

There's a reason the state wants PROOF of such an obligation.

Good to know Dogmatique thank you

This article might help:

http://www.ncsl.org/research/human-s...-by-state.aspx

I understand what you are saying, but it still seems to lack logic.

The state of Kansas does give a credit for both children if I am paying CS for both. So in a very logical sense the mother of my younger child is not responsible for my older son, other than the fact that the state does give a credit on my income to acknowledge the cost.

Child Support is based on my income and her's.
When I did not have custody of my older son I was paying child support to his mom. And therefor I did receive a credit on the worksheet for my younger son. I understand that there was a worksheet done in that situation, now there is not.
The court gave the credit to acknowledge the cost/obligation for both children before. So now just because there is not a worksheet in place they don't? The state is effectively failing my older son. The cost of him does not disappear just because there is no worksheet.

I do not feel comfortable having her ordered to pay child support and then not accept the money. I don't want the order.

I am not trying to get out of the increase. Its going up regardless. But I take issue with the fact that they will not acknowledge the cost of him simply because there is not a worksheet for him. Ordering my older sons mom to submit income info so a mock up worksheet can be fairly calculated seems to be very logical and fair.