Legal Question in Family Law in Tennessee
2 ex-wives, both have 2 kids each by same father, how is child support divided i
I realize in the state of TN 32% of father's income is state guidelines for 2 children. At the time of our divorce I agreed out of court to let him only pay 50.00/week for our 2 kids, because he already pays his 1st wife 141.00/wk for their 2 kids. Since then he has changed jobs, & 1st xwife has petioned for even more support. He grosses around 2300.00/mo. before taxes,if both his xwife & I received 32% each, that would be 64%,exceeding the 50% they can hold based on guidelines.I'd like to know how would they split that? I know I'm entitled to more, but how is it split when he is supporting 2 families, with 2 kids each? I can't seem to find anyone who knows for sure.
1 Answer from Attorneys
Re: 2 ex-wives, both have 2 kids each by same father, how is child support divid
In a similar situation here in Paris, Tennessee, and after consultation with the Attorney General's office, Child Support Division, here was the resolution:
Based on the guidelines, the first wife would take the 32% of the adjusted gross income; after the deduction of that amount, the reduced adjusted gross income would be the basis amount for the support guideline of 32% for the 2 children of the 2nd marriage.
For example:
$100.00, the first 2 children would get $32.00 (100x.32)
Deduct the $32.00 from the $100.00 for a new adjusted gross of $68.00, and the second 2 children would receive $21.76 (68x.32).
Any rounding down so as not to exceed the 50% total withholding for child support could be adjusted through agreement of the parties or order of the Court.
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