Legal Question in Family Law in Indiana

I have two separate child support orders.
The first child support order was established in 2000 after the birth of my child that was born from an affair while I was married with one child already.
The second child support order was established in 2005 when my ex and I divorced, there are a total of two children from this marriage. One child was born prior to my affair, the second child was born after affair. This support order is for two children from the marriage and I received a subsequent child credit (the child born from the affair).
My questions are:
- When establishing the second support order, should I have been given the subsequent child credit or should the amount I pay in child support for the first support order been included when establishing child support for the second support order?
- I now have a fourth child from my current marriage. Can I modify the two support orders to include my fourth child as a subsequent child?

Asked on 7/08/10, 10:56 am

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

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- When establishing the second support order, should I have been given the subsequent child credit or should the amount I pay in child support for the first support order been included when establishing child support for the second support order?

No idea...the support guidelines do not anticipate such a situation. Obviously you would like to pursue which ever method was best for you.

- I now have a fourth child from my current marriage. Can I modify the two support orders to include my fourth child as a subsequent child?

Yes, but it probably will not result in a 20% reduction in your support, so the court may not allow it. Check with a family law attorney in your community.

Answered on 7/08/10, 2:49 pm

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