Legal Question in Family Law in Texas
Reduction/Increase of Child Support when a new child is born
If for instance I were to have a baby with my divorced husband, could we have his child support reduced because there is an addition to our family which would effect his income? And can his ex-wife take him back to court to have the child support increased if she has a baby with her new husband?
1 Answer from Attorneys
Re: Reduction/Increase of Child Support when a new child is born
The mother cannot get child support increased because she had another child with a new man.
Your husband's child support could be increased or decreased if you have new child together. If is income has increased since his divorce, even though his percentage will reduce, it might be more than he is paying now.
His child support is based on his net income (as determined by the State of Texas). I promise you it will never match his paystub from his employer.
If he has one child to support it is usually 20%, with another child to support it would be 17.5%. If he has 2 children it would be 25%, with a new child it would be reduced to 22.5%. Of course, this assumes that the 2 existing children are in perfect health and have no disabilities.
I hope this information is helpful.
Good luck!
Fran Brochstein
www.familylaw4u.com
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