Paying child support is the responsibility of the non-custodial parent. The custodial parent is required to provide the primary residence for the child. Child support laws are different in each state but most states consider the financial situation of each parent when calculating child support.  Most non-custodial parents wonder whether they have to pay the same amount of child support when they have a child with their new partner.

It is possible to modify child support in this situation so that the amount you pay is decreased.

Can Child Support Be Lowered If I Have Another Child

How Child Support Is Calculated After Birth Of Another Child

The income of both parents and the needs of the child are the main factors that the court will consider when calculating child support.  While the court considers these factors to come up with a fair amount that the non-custodial parent can afford to pay, parents can create their child support agreement that is fair to both of them.  This agreement must be reviewed and approved by a family law court.

The non-custodial parent has to pay child support until the child turns 18 or 21 years of age if the child is still in high school. Another important factor is the number of children in the marriage because the custodial parent will need more money to care for more children.  When the non-custodial parent remarries and has another child, the new child could lead to a court decreasing the amount you pay in child support to your ex-spouse.

In this case, courts allow modification of the child support order because you are financially responsible for another child. Unlike you, your new spouse will not have any financial responsibility for the children you had in your last marriage.

Will My Child Support Change If I Have Another Child

Consult an experienced Texas child support attorney if you and your new spouse are expecting a child. Your lawyer can answer your questions about the law and explain your options.  You can also petition a court for child support modification if you lose your job, are changing careers, or getting a demotion.

You should always use the legal route to modify child support. A verbal agreement with your ex-spouse to modify child support is not recognized by the law. Nothing is stopping your ex-spouse from filing a petition for child support arrears if you had a verbal agreement to modify support. Remember that you continue owing arrears even after the child turns 18 years or graduates high school.

You can file a request for support order modification with the Office of the Attorney General.  The OAG will review the request and respond within 30 days. You should include why you are requesting modification, which in this case is the birth of another child with your new spouse.

What Happens If The OAG Denies Your Request

You can always consult an experienced child support lawyer if the OAG denies your child support modification request. Generally, filing a request with a court takes a shorter time than waiting for the review of the OAG.