Is Child Support Affected When a Parent Has Another Child?

 Posted on September 16, 2024 in Child Support

About 1,300 new stepfamilies are forming every day, and more than 50 percent of all U.S. families are remarried or re-coupled. One out of every two marriages ends in divorce, and 75 percent of those who divorce will remarry. Since it is common for one or both parents to remarry following a divorce, this can affect the children of the first marriage. If the parent who is responsible for child support has another child after the remarriage, will this affect the monthly child support amounts for the child or children from the previous marriage? This is a complicated question and can depend on the specific situation.

If you are the parent receiving child support, it can be nerve-wracking to find that your ex is expecting a new child. Blended families generally go through at least a few bumps on the way to family harmony. You may worry that your child will be pushed aside or will no longer receive sufficient financial support from his or her other parent. These are legitimate concerns that a knowledgeable Muskego, WI child support attorney from Bucher, Wolff & Sonderhouse, LLP can help you address. Once you have a knowledgeable family law attorney by your side, you can be sure that your child’s best interests will be protected. 

What Are the Basics of Wisconsin Child Support?

Like most states, Wisconsin has established clear rules that provide a standard for family courts to use when determining child support. Child support amounts are based on the Income Shares Model, which calculates a percentage of each parent’s gross income and assets and then factors in the amount of time the child will spend with each parent. The order for child support will also include a determination of which parent is allowed to take the child tax exemption and which parent will pay for the child’s health care expenses.

If a parent is voluntarily underemployed or unemployed, income may be imputed for that parent based on factors including:

• The physical and mental health of the parent
• The parent’s education and training
• The work experience of the parent
• Prior earnings of the parent
• The availability of work in or near the parent’s home

Can Child Support Be Modified When the Paying Parent Has Another Child?

If the parent paying child support is able to prove there has been a substantial change in his or her circumstances, then the judge may order a reduction in child support. Keep in mind that the judge’s focus and concern is for the child the parent is currently paying support for. This means that while there are some cases when a substantial change can convince the judge to reduce the amount of child support, a new child may or may not meet that level of change.

The loss of a job can trigger lowering the amount of child support if the loss is unavoidable. A change in the child’s needs can also result in an adjustment in the amount of child support being paid. Ordinarily, a remarriage and even another child are not a consideration for a modification of child support. That being said, the court may consider the needs of any person whom the parent is legally obligated to support, including a new child. Since the parent’s new spouse has no obligation to support the child of a prior marriage, his or her income cannot be used to satisfy a support order.

That income can, however, be relevant in determining the paying spouse’s ability to pay child support and support his or her new child. For example, if the new spouse of the paying parent makes a significant amount of money, then some of the paying parent’s income is freed up, meaning he or she can continue paying the child support set under the original order.

Contact a Waukesha County, WI Child Support Attorney

Since every situation is different, it can be extremely helpful to speak to a Waukesha, WI child support lawyer from Bucher, Wolff & Sonderhouse, LLP. When you choose our firm, you will have lawyers who are available seven days a week, 24 hours a day. Contact 262-232-6699 to schedule your free consultation and discuss your issue.