Legal Question in Family Law in Idaho
Remarried with another child
My husband pays $300 in child support to 2 kids in Montana. He also pays another $300 for ONE kid in Idaho. We are now expecting a baby of our own, and want to get the child support modified. Will Idaho consider this new baby as a dependent to reduce his child support in Idaho? I read in the judicial rules for child support in Idaho that ''the children of the party requesting modification, who are born or adopted after the entry of the existing order, shall not be considered''!!!! that doesnt seem fair, more or less stating that the former child is worth more then the 'new' one? is that what the means...this baby wont count in getting the idaho child support reduced? THANKS
1 Answer from Attorneys
Re: Remarried with another child
An application or motion to Reduce or downwardly modify your partner's child support to his other children, due the needs of your child, is possible. However, the formula for computing what the reduction would be, if any, is complicated, given the facts you describe; and is frankly not worthwhile.
The Court may consider your income & income for your child from any source; and could claim your partner should pay more to the other child and children. Also, the possible jurisdiction questions can lengthen the time and cost of proceeding.
Yes, simply put, the Court need not consider the "afterborne" children; nor the necessity of being "fair". It has often held the position that it is the "non" custodial parent who made the choice to have additional children, when the children already present did not have a choice in the matter. Thus, you run the risk of having the Court prejudice running against you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
