The Increasing Occurrence of Multi-Partner Parents

The number of multi-partner parents in America is increasing. This term doesn’t describe polyamory – but rather those who have children that don’t share the same other parent. Census data shows more than 20% of opposite-sex couples fall into this category. This raises the question of how child support obligations are adjusted for parents with multiple families.

While laws and calculations vary by jurisdiction, adjusting support payments is usually a complex endeavor. Even when the formulas for doing so are relatively straightforward, the process is a bit more complicated in practice. This is due to the sheer number of factors considered by the courts, potential formula deviations, and ever-changing circumstances.

The Basics of Adjusting Child Support Payments

Understanding the process of adjusting child support obligations for parents with multiple families requires an understanding of jurisdictional laws. For instance, Texas typically considers the paying parent’s net resources, the number of children in each family, and credit for any existing child support obligations.

While these factors are fairly standard for adjusting payments, it’s often other elements that create jurisdictional variance. For Texas, this includes caps on income calculated into child support formulas to reduce financial strain on the paying parent. The primary considerations are also only part of the story — since one also needs to understand the child support formula.

Texas law dictates that a paying parent will owe 20% of their net income for one child. This increases to 25% for two children, 30% for three children, 35% for four children, and so on. However, these percentages decrease when the paying parent has children in multiple families. Interestingly, this reduction doesn’t mean the parent is paying less in support.

How Do Lowered Obligations Per Child Result in Higher Payments?

States that use complex child support formulas for multi-family parents don’t focus much on simplifying things for parents. Again, Texas is a perfect example. Consider a situation where a parent has three children with an ex-partner and one with a different ex-partner.

In this situation, the obligation percentage of the three-children family would decrease from 30% to just over 27%. For the one-child family, the paying parent’s obligation would decrease from 20% to 14.75% of their net income. Remember, these percentages change periodically.

While a quick glance might make it seem like the paying parent has a smaller obligation, the opposite is actually true. Instead of paying 35% of their net income for four children, they’re paying just over 42% between two separate families.

Is the Child Support Formula Set in Stone?

If the child support payment adjustments for parents with multiple families sound confusing, that’s because they very much are. However, calculating obligations for each family becomes relatively straightforward once you know how to apply credits that reduce the percentage of income allocated per child support order. Still, judicial discretion can complicate things.

In most states, the primary consideration in any legal matter involving a child is the best interests of that child. In many states, this means that a judge can deviate from the established guidelines if they feel that doing so is in the best interest of the child(ren). Thus, child support obligations can be adjusted for multi-partner parents while overlooking the formula.

Various considerations go into making the decision. Courts may consider childcare expenses, educational costs, children’s ages and needs, and the amount of time spent with each parent. Established guidelines are most commonly disregarded when the paying parent has income far exceeding the cap, intentional unemployment, or excessive travel costs to see their child.

Can Child Support Be Modified After the Fact?

While a second child support order can decrease the financial obligation for an existing order, this change is not automatic. That’s why it’s critical to understand support order modifications and how they work. Whether someone has a single child they support or multiple children in different families, they can seek a modification due to substantial changes in circumstances.

Any current situation that would’ve changed the existing order — had it existed at the time of the order — likely qualifies as a substantial change in circumstances. In cases where a parent only provides economic support for one child, a common qualifying change is the loss of a job. For multi-family parents, a new support order from the courts might also qualify.

Adjusting existing child support orders by parents with multiple families requires submitting a petition for modification to the courts. You should then gather evidence proving that your situation has changed significantly (e.g., new support order, termination papers) and prepare for your hearing date. A family law attorney can assist in this process.

Is a Family Law Attorney Necessary for Child Support Cases?

If you’re involved in a child support case, you may wonder whether you need an attorney. After all, even the complexities of child support calculations invariably boil down to a known formula. Do you really need a legal professional to fill in these numbers for you? Better yet, won’t a family court judge handle all the necessary calculations?

Unfortunately, such assumptions often lead to unfavorable outcomes. The simple fact is that child support calculations and orders are among the most complex legal issues. An attorney can ensure accurate calculations, identify deductions, assist in variable income situations, argue for deviations from the existing formula, and help navigate complicated filing processes.

An attorney can also assist with order modifications, enforcement actions, enforcement defense, and negotiating settlements. These issues involve much more than a basic formula. At Cutrer Law Group, our legal team can help navigate adjusting child support obligations for parents with multiple families. Contact us at 817-854-1651 for your free consultation.