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Does child support decrease if I have more children?

Anonymous Asked:

I am remarried and we recently had another child. Can I apply to have my child support decreased due to supporting a new child? As I understand it child support is supposed to be my contribution based on what I would spend on my kids if they lived with me full time, that amount would decrease in that case with more children. Does it decrease in this case?
Also my wife and I carry a lot of debt, does that count for an undue hardship claim? My ex works full time, so does her partner and I have my kids every weekend and therefore have to have a home large enough to house them. I'm just finding it difficult watching her go on vacations and buy expensive gifts while we struggle.

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Stuart Zukerman
10 years ago

Short answer: No your existing child support obligation is not reduced by reason of having a “second family”. Nor does your existing obligation decrease by reason of the logic / rationale behind the child support guidelines as you describe or otherwise. If however you subsequently separate from your new spouse and are ordered to pay child support to that second spouse, you could argue “Undue Hardship” under the Guidelines by reason of having an existing “legal obligation” (read: court order or binding separation agreement) to pay support to another child. Your post separation debt cannot be used to ground an undue hardship claim – only family debt that you continue to carry forward from the first relationship can be used under the Undue Hardship provisions. New debt incurred post separation is irrelevant to the undue hardship provisions.

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