Child Support in Maryland - Remarriage, New Child

[Anonymous]

Can child support be modified if ex husband has a child with his new wife? I've been asking him for more money for our 2 daughters (age 11 and 14) but he claims he can't afford to because he has a baby in daycare. He claims he could even be paying less now. His new wife probably makes 3 times what I make. I see them taking lots of trips and buying new cars so I don't see why he now can't afford to give my kids more.

[Anonymous]

OP here - I would guess that he makes $75k, she makes $100K. I make $30k.

[Anonymous]

Sorry op what an ass.

[Anonymous]

http://www.divorcenet.com/resources/remarriage-and-child-support-maryland.html

A New Spouse’s Income Isn’t the Remarried Parent’s Income

"When calculating child support, a court can’t assign a new spouse’s income to a parent. Maryland’s statue specifically defines income as the “actual income of a parent”, not a parent’s subsequent spouse. For example, in one Maryland case, the court explained that a subsequent spouse’s income couldn’t be assigned even to an underemployed parent. In the case, the court refused to consider the father’s new wife’s income potential even though her earning ability was higher than his.

A judge will examine the parents’ incomes and lifestyles when deciding support. Although a new spouse’s finances can’t be considered in a support modification action, his or her financial contributions are relevant. A parent’s support obligation may be increased if a judge discovers that a new spouse is paying all the parent’s bills. The reasoning behind this rule is that a parent with fewer financial obligations has more money available to pay child support."

Sorry, OP, but the new wife's $100k doesn't automatically mean the court will decide your XH has more money. And if he can show that he pays 50% of the $1000 daycare bill for the new baby, he can claim that as an expense which may lower what he has available for your DC.

It's sad, but true.

Sounds like he's going to get away with shortchanging your kid(s).

However, if you make around $30k for a household of two, you qualify for a number of assistance programs. I encourage you to look into them without feeling any shame. That is why these programs exist.

[Anonymous]

The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

[Anonymous]

Anonymous wrote:The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

He pays health insurance. I want him to pay $1500/month. I have to use so much of my income to pay rent while he gets to live so well.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

He pays health insurance. I want him to pay $1500/month. I have to use so much of my income to pay rent while he gets to live so well.

I don't think you are going to get that, OP. I'm sorry.

[Anonymous]

Anonymous wrote:The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

Isn't there a risk of getting less than this if taken back to court since ex has a new child with presumably higher expenses due to daycare rather that kids who don't need childcare?

[Anonymous]

Anonymous wrote:

Anonymous wrote:The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

Isn't there a risk of getting less than this if taken back to court since ex has a new child with presumably higher expenses due to daycare rather that kids who don't need childcare?

I agree with this. The last year I got CS for my older DD, X got a reduction because the old calculation still included Childcare costs. His income had increased, but my NECESSARY expenses for her were lower. Didn't matter that SATs, senior dues, college applications, and other costs of having a 12th grader were actually more than daycare had been.

[Anonymous]

OP, I don't think you're going to get $1500 either. Go on the Maryland child support calculator. Based on your incomes, absent child care expenses and extraordinary medical expenses, you will get somewhere just under $1,000. It's not much, but at least it's tax free.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

Isn't there a risk of getting less than this if taken back to court since ex has a new child with presumably higher expenses due to daycare rather that kids who don't need childcare?

There is precedent for that, but I don't know the facts of the case. The facts in that may be extremely different than what the OP is experiencing. She needs to talk to an attorney, although I know that will be rough on a tight income. OP could try here for legal assistance. http://www.barmont.org/?116

[Anonymous]

Yes, OP he can end up paying you less if he claims more expenses with the new child. My ex has 2 more kids and due to this, I've avoided having our case looked at because he claims he is going to ask for a reduction in CS. So he has been paying the exact same amount for 10 yrs.

[Anonymous]

I never understand why someone thinks they are entitled to the new wife's income. My husband's ex-wife did that to us quickly after we were married. We had to fly several times cross country to get it worked out (ironically she refused visitation). Instead of an increase, she got a decrease as two kids were over 18 and was removed from alimony. My husband also get a new visitation order that gave him more vistiation and she had to pay a higher percentage of the plane tickets (she never paid and 1/2 the time refused to put the child on the plane).

Instead of asking for more child support directly, ask them to buy clothing and things directly so they can feel involved with the children. Ask a few times a year - back to school, spring and summer to get 5 pair of pants, 6 shirts, socks, etc. Back to school ask that they help with school supplies....try to include them, if you don't in the kids lives. (yes, we regularly sent stuff and the ex would not let the kid have it but it did force her to compete and then she'd buy him what he needed so either way it worked out for the kid).

Our understanding was they do take in new child expenses but we had our kids after the youngest was 18 so it was a non-issue.

My husband makes significantly more than when they were married. He got his education after they divorced and got a better paying job. It had nothing to do with her (except when she left he finally had the opportunity to better himself).

The other option is to let one or both kids live with them to improve the kids quality of life. That would also reduce your expenses.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

Isn't there a risk of getting less than this if taken back to court since ex has a new child with presumably higher expenses due to daycare rather that kids who don't need childcare?

There is precedent for that, but I don't know the facts of the case. The facts in that may be extremely different than what the OP is experiencing. She needs to talk to an attorney, although I know that will be rough on a tight income. OP could try here for legal assistance. http://www.barmont.org/?116

She needs to go to the child support office. Given her income, the cost/benefit of hiring an attorney may not make it worth it (my husband's ex had that happen and she owed a lot to the attorney).

[Anonymous]

Anonymous wrote:

Anonymous wrote:The new wife's income won't matter, but he still has an obligation to pay for his first two kids.

Have you done the child support calculator for Maryland? I just ran your incomes, and he should be paying you $1174 a month for two kids. But this doesn't take into consideration any day care you need or who's paying for their health insurance.

http://www.dhr.state.md.us/CSOCGuide/App/worksheetA.do

And who gets to claim the kids on their taxes? I hope it's you.

He pays health insurance. I want him to pay $1500/month. I have to use so much of my income to pay rent while he gets to live so well.

You can want him to pay $3000 a month. Does not mean you can get it. Have the kids live with them, problem solved. You can then get an efficiency or roommate and then they can enjoy his lifestyle better.