Modifying Child support

[southernbelle]

I wanted to know if my son's father could modify our support order because he has three children with someone else. He is not married but they live together and the girlfriend works every now and again so he is providing pretty much all the care for them. Does this count? When the order was done he only had one other child and now they have 3. I know that he can take off for paying court ordered child support to someone else but there is not an order so I think he shouldn't be able to...Am I right?

[Attorney Cheri Hobbs]

The court will look at the first child support order then the second and so on. So the first parent to get child support usually will have a greater amount for their child(ren). The paying parent may attempt to modify due to a substantial change in circumstance (i.e., has more kids now) but will have to show that it is in the best interests of the child in question (your child) and it may be a tough uphill battle for the paying parent.