Wondering what happens to your child support payments if certain life circumstances occur, such as the birth of a new child with a new partner? Here’s an answer to this frequently asked question.
Question:
My husband has a son from a previous relationship. He pays $500 a month in child support. We are pregnant with our first child. Can we get his child support payments reduced after our baby is born?
Answer:
After a divorce or separation, it’s common for one or both parents to move on and start new relationships, and ultimately, have more children. Having a new child is a wonderful event and one that naturally changes the family dynamic, including shifting around financial resources in order to accommodate the needs of the new baby.
In New Jersey, child support is calculated using formulas provided by the New Jersey Child Support Guidelines. When calculating child support payments, the Guidelines recognize that a new child will require financial changes to that family. When your new child is born, your husband will qualify for an Other Dependent Deduction, which will likely reduce the amount of child support he is paying to his ex.
According to the Guidelines, the Other Dependent Deduction is designed to do the following:
“The other-dependent deduction is part of an adjustment mechanism to apportion a parent’s income to all legal dependents including those born before or after the children for whom support is being determined.”
So what all this means is that if whenever a new child comes to live in your care, your husband may be entitled to an adjustment of any existing child support orders. To recalculate the support order and your child support payments, your husband can file for a child support modification. Consulting with a family law attorney first can help understand his rights and options.
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