Can Having Step Children Reduce Child Support Payments

hi all i need info about child support review. I live in Colorado My current order is $300 per month for three children ( youngest is on ssi dss used it when calculating child support) DSS now agrees to recalculate and not use my daughters ssi my question is this, my ex is remarried he now has a 24 yr old wife who has 5 kids from 5 different men three of whom live with the two of them in Oklahoma thier ages are 4,3 , and 10 months. Will the court consider the step children when calculating his support payments for our three children? I have been told by my ex his wife currently has a support order for two of the three children though one refuses to pay and other childs father can not be located ( he works under the table for cash) the other two of her chldren live with thier fathers, she is court ordered to pay 200 per month however has not and now has a warrent for her arrest in michigan my ex is adiment about not paying a dime more in the support of our three kids and insists because he has these three step children the court will not allow it anyway. Let me add that his new wife does not work. his gross income is about 3000 -3500 per month.

You can go here and enter the information.

http://www.alllaw.com/calculators/ch...port/colorado/


If he has to support her 3 children they will take it into account but they will also count if the children receive child support. If the amount is too low remember at a later date you can take him back and try to raise it.

Good luck!

HI and thanks for the info however the calculator did not say anything about step children. In my opinion the children have fathers of thier own and my children should not do with out due to his choice to support or partially support hers. my ex has a legal obligation to our children and i am struggling. there are two of them and only one of me. I can barley put clothes on thier backs.my ex doesnt see our kids nor does he supply anything other than 300 a month support. I didnt think the court considered step children and if i am understanding you, your saying the court may consider her children in detrmining the support order for mine but also use the cs she recieve son behalf of her children in determining thier combined income?

"These calculators do not take into account any possible adjustments for children who are not subject to the custody order but who are living with one of the parents. These factors and others may affect a child support order entered by a court."

You really need to tell the court how you struggle. If she receives child support for two children they may not count two children. I would get a copy of the Income and Expense that he fills out to make sure his information is correct. They may not lower the support but be prepared there is a chance.

GOOD GOOD how can they lower his support from $300 a month for three kids this is insane

Yeah I don't think it can get much lower! It is way way low for three kids, but man I have heard of $174, $29, and $0 boy the system is not fair. I feel for you really I do. I received $0 for 12 years of of my sons life then received $174 a month for 5 years and he never ever visited. At age 17 1/2 my son went to live with him actually just this Feb. 19 now I've been sued to pay $350 a month until his 19 th birthday because he is still in high school. I did the math I will pay $6300 total for 18 months when he paid $10,440 total for 17 1/2 years. When I made $2000 and he made $5000 a month. Really I think some people just lie to get it lowered.

Yes, tell them how you struggle to pay the bills don't let him off easy.

Hold the phone... the OP has three kids with her XH. The XH is married to New Wife who has children of her own, 3 who live with XH and NW. There is no reason these kids should be taken into consideration when calculating support for the kids of OP and XH. XH is not under any type of court order to provide for these children... he needs to provide for his own 3 kids first. The NW and the fathers of her kids need to provide for the one's who live with the OP's XH.

The court will take into consideration that the new wife does not have a job.

heres my thing, i dont want to have my case reviewed if my support order will be lowered its set at $ 300 a month for three children which is extremly low. I dont see how my ex can be liable for his wifes three children regardless and its not my fault she doesnt work

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Quoting Judge Judy

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The court will take into consideration that the new wife does not have a job.

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The court will take into consideration that the EX's new wife doesn't work in determining the Ex's child support obligation to his children?

That doesn't make much sense to me. The father is responsible for his biological children--IMO the new wife being a stay at home mom (or working outside the home) should have no bearing in the calculation.

Please explain.

Colorado child support is premised upon the parents' salaries, not step-parents.

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Quoting Colorado Statutes, Sec. 14-10-115(7)(a)(I)

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The basic child support obligation shall be determined using the schedule of basic child support obligations contained in paragraph (b) of this subsection (7). The basic child support obligation shall be divided between the parents in proportion to their adjusted gross incomes.

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Quoting ameliapalooza

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...my ex is adiment about not paying a dime more in the support of our three kids and insists because he has these three step children the court will not allow it anyway. Let me add that his new wife does not work. his gross income is about 3000 -3500 per month.

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Nope, his stepchildren are not taken into consideration in calculating his support. Nor is the fact that his wife unemployed taken into consideration.

Depending on your income (it would have to be quite a bit higher than his), you are actually entitled to an increase.