Can Having a New Baby Change Child Support

My question involves a child custody case from the State of: VA

We are currently working with a mediator in regards to custody and child support. Out situation is a little different as my ex's income varies weekly and I am moving to a new state without having a job yet. So calculating child support is a little complicated. We agreed on finding an income for both of us that is possible for us to get and still makes it possible for us to live a life. But my ex ask the mediator if the fact that he has another child will also be included and the mediator said yes. I did a little bit of research and when one parent has a new child the support order should not be affected for the first child. He does not pay child support for the new baby as he lives with the new mom and they are in a relationship.

In addition the mediator recommended that we close the case with child support department and that my ex pays me directly. Since he is over 5k in arrears I dont feel comfortable doing so. The 5k he still owes will also be added to the new amount of child support.

I would appreciate any answers and recommendations.

It makes absolutely no sense for the mediator to suggest that the case be closed with the child support department and him pay you directly. That is not the norm nor the preferred method of payment by the state itself. Therefore I absolutely would NOT agree with that recommendation unless you are leaving out some important bit of information (I cannot imagine what that could be).

I am not leaving out anything, or not that I am aware of. My ex is behind in child support thousands of dollar. I don't know why he would suggest that. My ex is all for it because then the child support department wont take any steps against him (Right now he wont be able to renew his passport for example) and he can kind of do what he wants.

When I asked what I can do if he decided to stop paying child support again the mediator told me that I can go to court.

When we had our mediation I also asked for Sole Custody, because my Ex has not seen his daughter in almost 3 month and makes no effort to see her. No phone calls no text nothing and because I am moving out of state with my daughter. My ex wants shared custody, mostly to reduce child support and the mediator was very pro shared custody. I am just not sure how that will work when we each live on the other sides of the country. I can deal with the shared custody part, I am just very hesitant to have the case removed by child support services.

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Quoting kathak

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I am not leaving out anything, or not that I am aware of. My ex is behind in child support thousands of dollar. I don't know why he would suggest that. My ex is all for it because then the child support department wont take any steps against him (Right now he wont be able to renew his passport for example) and he can kind of do what he wants.

When I asked what I can do if he decided to stop paying child support again the mediator told me that I can go to court.

When we had our mediation I also asked for Sole Custody, because my Ex has not seen his daughter in almost 3 month and makes no effort to see her. No phone calls no text nothing and because I am moving out of state with my daughter. My ex wants shared custody, mostly to reduce child support and the mediator was very pro shared custody. I am just not sure how that will work when we each live on the other sides of the country. I can deal with the shared custody part, I am just very hesitant to have the case removed by child support services.

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DO NOT have the case removed by child support services. In fact, I would almost want someone to report that mediator for giving that kind of advice.

If he's not paying child support you take him to court for contempt.

If his new baby mama files a child support order on him yes it will affect his child support. It won't change the amount he has to pay you but they will take into account that he already has a child support order. My ex husband has four kids with three women: oldest one night stand, two with his ex wife and our daughter. When I divorced him the amounts for his other three kids didn't change. But it got put down on the child support calculator. He didn't have a job so my lawyer figured out what a 40 hour minimum wage work week would be and that's what he is supposed to pay. He hasn't paid anything in almost a year because he's been in rehab twice this year and in jail for three months and he just relapsed again and had four jobs in the last month.

You don't have to do what the mediator recommends. The custody thing is a separate issue. If he doesn't pay child support his arrears will build up. It's that simple. And yes baby mama can file child support on him even if they live together.

Thank you for all the advice. I talked to child support services and I will keep the case with them and we will just make some changes in the mediation process.