Legal Question in Family Law in Massachusetts
child support payments
My husband and I are planning on having a baby. He currently pays child support to his ex wife for his two children. Does having a baby change the amount of support he would pay as he now would have another child to care for?
2 Answers from Attorneys
Re: child support payments
In the absence of some extraordinary event, having a child in a second family is not a factor that will cause a reduction in child support to children from a first family. The theory is that he knows about his obligation to the first set of children before he has the additional children. Therefore, the earlier children should not suffer. If he can't afford to have additional children and support the earlier children, then he should have additional children.
Re: child support payments
1st in line keeps the debt going. Others get the left over. Almost always, a subsequent child is not a change in circumstances contemplated by a modification standard.
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