QUESTION
Will the judge take into consideration that he is currently paying child support for another child?
Asked on Apr 15th, 2013 on Divorce - Ohio
More details to this question:
My boyfriend is scheduled for a child support hearing with his ex.
7 ANSWERS
If your boyfriend is paying child support for another child that is for an Order of Support issued from court, then that is a mandatory deduction that the court must deduct when calculating his child support obligation. However, if the child support being paid is voluntary, and not through an order, then the court does not have to consider it when issuing the child support order for the new case.
Answered on Apr 18th, 2013 at 12:11 AM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Family Law Attorney serving Rolling Hills Estates, CA
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John H. Sibbison, III Professional Law Corporation
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Yes, it's what is known as a hardship deduction in California.
Answered on Apr 17th, 2013 at 2:06 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes.
Answered on Apr 17th, 2013 at 1:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your boyfriend's circumstances, income, and responsibilities will all be taken into account in the determination of what is child support obligations should be.
Answered on Apr 17th, 2013 at 1:46 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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The amount he pays for another child is part of the support calculation.
Answered on Apr 17th, 2013 at 1:19 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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The fact that the father of this child is also paying child support for another child is one factor the Judge will consider when order the amount of child support to be paid. However, the obligations he has for any and all of his children come first before even his own needs. Because he is the one that brought these children into the world, he needs to put their needs above his own until they are 18, but he should pay a fair amount considering his own capabilities to earn money and his current obligations to other children.
Answered on Apr 17th, 2013 at 1:19 AM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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In the Ohio guidelines worksheet, there is a place for support paid to other children. You need to bring proof of that other order with you to his hearing.
Answered on Apr 17th, 2013 at 12:50 AM