Even with the best intentions, statistics show that second or later marriages are much more likely to end in divorce than first marriages.
If one partner is already paying child support from his or her first marriage, it is important to understand that calculations for spousal and child support are based on net income versus gross income.
Net income refers to the gross income after taxes and other deductions or expenses (income tax or health insurance) are subtracted. Another item that is deducted from gross income to come up with the net income figure when determining child support is any prior obligation of child support actually paid following a court order.
In situations where one parent has multiple child support obligations, the timing of when the court enters each child support order is critical. In other words, if a parent requests child support from a parent with an existing child support order in place, that parent’s net income will be lowered by the amount of the previous child support obligation.
For instance, if a parent’s net income is $120,000 and he or she is obligated to pay 10 percent of this income to his or her ex from the first marriage, the annual payment would be $12,000. After a second divorce, he or she may again be ordered to pay 10 percent to the subsequent ex-spouse. However, his or her net income will be reduced by $12,000, the amount already being paid to the first ex-spouse. Therefore, the second support payment will be lower than the first.
It is important to note that for a parent with multiple child support obligations in different states, each state’s particular laws will determine the amount awarded. Nonetheless, each state still recognizes prior out-of-state support obligations first when calculating net income.
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