Legal Question in Family Law in California
Child Support Reduction?
My former husband and I have four children together and child support is in place. However, while we were still (technically) married, he had a daughter by his current girlfriend. If they split up, and child support ordered, how will that affect the CS for my children? Will his limited income be figured proportionately per child, or will a new child support order be just another bill for him to pay in addition to the current CS? Is there such a thing as "First Family" or "First Wife" rights?
1 Answer from Attorneys
Re: Child Support Reduction?
He must contribute to the support of the new child. In determining child support for the new child he could deduct any child support he is actually paying for your children.
Your child support order would not be automatically changed if the court were to make a child support order for the nwe child. He would have to file a motion to modify the support order for you.
California does not have a first wife, or children from a first marriage law or rule.