My ex-wife and I have 50/50 of my daughter. We revisit the child support annually because our incomes change. My wife and I just had a new baby, will that lower my child support? I have read that the inclusion of new children is allowed but not if it lowers the current child support, which doesn't make sense to me.
What you read is correct. The inclusion of the new baby cannot reduce your obligation to your existing child.
The law doesn't have to make sense to you. This is the way that the Colorado legislature wrote the law. That is all that matters. Unless you can convince a number of state legislators to amend the statute, this is the rule that will apply to your child support calculation.
For what it's worth, the law does make sense to me. Your ex-wife has no control over how many children you create after your divorced. It isn't fair for your decision to have more children to reduce the resources available to raise the older child. On the other hand, your current wife knew you had a responsibility for other children when the two of you decided to have a new baby. She could take that into account when you made the decision to increase your family size.
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The most recent amendments to the child support statutes removed the restriction to which you refer. So, yes, having a new child living in your home for whom you have a legal responsibility to support will change your child support. I believe that change was made because the Legislature finally realized that there was no similar provision which prohibited a support receiving spouse from using the birth of a new child to increase the other parent's support.
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