How would child support be calculated for a father who remarried and has 4 other children living with him?
Here is the law in Utah:
If the children are stepchildren (i.e., not fathered by the man and his new wife, but children of the new wife who were born before the marriage), the man has no legal obligation to support his stepchildren, and so these children have no effect on the calculation of child support for the children of his previous marriage.
If the children are children 1) conceived with the new wife and born after the divorce (“natural children”) or 2) adopted by the man and new wife, then Utah Code § 78B-12-210 applies:
(6)(a) Natural or adoptive children of either parent who live in the home of that parent and are not children in common to both parties may at the option of either party be taken into account under the guidelines in setting a child support award, as provided in Subsection (7).
(b) Additional worksheets shall be prepared that compute the base child support award of the respective parents for the additional children. The base child support award shall then be subtracted from the appropriate parent’s income before determining the award in the instant case.
(7) In a proceeding to adjust or modify an existing award, consideration of natural or adoptive children born after entry of the order and who are not in common to both parties may be applied to mitigate an increase in the award but may not be applied:
(a) for the benefit of the obligee if the credit would increase the support obligation of the obligor from the most recent order; or
(b) for the benefit of the obligor if the amount of support received by the obligee would be decreased from the most recent order.
- the child support payor cannot use additional children born or adopted after his/her divorce to lower his/her child support obligation to the children of his/her previous marriage.
- the child support recipient cannot use additional children born or adopted after his/her divorce to increase the amount of the payor’s child support obligation to the children of his/her previous marriage.
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