New Baby, change in child support owed in California?

Question

A man's divorce is finalized and he is paying child support to the mother of his children. If his girlfriend is pregnant and expecting in March, 2009, will he be able to file a motion to change the child support order with his ex to pay less to her? If so, when can he file? Can he file while the child is in utero or does he have to wait until the baby is born?

Answer 1

No.

California law uses the principle of "first in time, first in line" for child support.

That he has decided to have another child is no reason for his existing children to have their child support reduced.

Richard

Answer 2

Depends on the state. Generally, its first come first serve. Thus the first Child Support order will stay as is, and the second will be added OUCH!