Question:
My question is about calculating child support if you already support a child from a previous relationship.
I have sole physical custody of my son from a previous marriage. I am getting a divorce from my current wife and am wondering how child support will work for my child from this marriage.
Will the fact that I have sole custody of a child from a previous relationship play a factor in the calculation of child support for the child from this divorce?
Answer:
This answer only includes general divorce help for men since I am only licensed to practice in Indiana and am thus unable to provide any legal advice on divorce on laws in other states.
It is my understanding that you are asking whether you having custody of your son from a previous marriage affects the calculation of your child support order for your current divorce. The answer is yes.
Child support is calculated based on several factors and their values are imputed into a child support obligation worksheet that calculates a recommended support obligation.
Weekly gross income is based on what your pay stub, tax returns, W-2 forms or other proof of income states that you earn prior to deductions, such as taxes. There are no deductions to be made to your weekly gross income listed on the child support worksheet, as a child support worksheet is calculated based on gross, not net, income.
If you have sole custody of a child from a previous relationship, then it will affect your current support calculation if you receive child support for that child.
How Much Should You Be Paying?
For example, if a party already receives child support or pays child support for a child from a previous relationship, then that amount received or paid will be listed on the child support worksheet, which will affect the recommended support obligation.
If you are the sole custodial parent of your son from a previous relationship, then you are entitled to receive child support from that child’s mother. If you do receive child support from your son’s mother, then that amount will be factored into the child support calculation for your other child with your current divorce.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of child support and advice on divorce, I urge you to contact a family law attorney.
To set up an appointment with a Cordell & Cordell mens divorce attorney, including Indiana Divorce Lawyer Rachael S. Cunningham, please contact Cordell & Cordell.
