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Nov 29
1999
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Ask a Lawyer: How is the child support amount figured out by the judge?Posted by: Dads Divorce on Nov 29, 1999   |
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Question:
I have one child, who is 12, from my ex-wife and I have 2 more with my current wife (5 & 19 months). We just recently bought a house and with all the payments we make we barely bring home enough to use for our own pleasure. I used the state calculator estimator and it said that it would be 111.00 a week based on my net income. Does the judge consider the fact of all my monthly expenses and my 2 other children before making a final decision. Or is it based on my net income and that alone? Also can I put myself on child support before she does? Thank you in advance for reviewing my question and responding at your convenience.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Indiana. The Court can consider the other children in your custody, but generally children born after the fact can not decrease the amount of support for an older child. The Court gives preference to the support for the older child considering that child was born first and you knew that prior to having more children. However you can ask the court to consider other factors to decrease your support. However based upon the amount of support, if you hire a lawyer I think you will not have the kind of benefit that you are looking for.
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