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Do previous support orders matter in new unrelated support orders?

Brooklyn, NY |

I have a support order where I get child support from my children's mother. I am going to court ex wife is requesting support for our children. Does my "share" matter in the new support proceedings? Also do judges take into account the child support and SSI payments that I am receiving for my children from another marriage as income and tally that when determining a support amount for the children in my latest marriage?

Let me rephrase my question; Mother number 1, pays support to me (I have custody of my children). In this support order the pro rata share of the mother is $279 and my pro rata share is $290. In going to court with Mother number 2, I would be paying support to her because she has custody. Does my pro rata share matter? If my income was $45,000 a year do I pay her based on that number or that number minus my pro rata share from Mother number 1? Also, is the support order from Mother number 1, considered income?

Attorney Answers 3


Bring all paperwork including SSI and child support orders to a lawyer to review. SSI is income for child support purposes. a prior support order may be considered.

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Any child support paid to the first mother pursuant to a court order will be deducted from your income when calculating child support obligation to the second mother.

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It depends on the specific laws of the state that has jurisdiction, but generally speaking, child support is technically the right of the child, and the recipient (obligee) spends it in trust for the child. Therefore, child support received by an obligee should not be considered as income when calculating the child support obligation of that obligee in a separate child support action. Including child support received in one case to calculate income in a subsequent and separate case would be like stealing money from one child to pay the support of another child. Secondary Social Security Benefits received should be treated the same way.

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