Most states use a formula that vary from state to state. I agree the only way to resolve it is going to court to get an order for the 'correct' legal amount for one child. It is not cut in half and will be recalculated based on today's situation. The guideline amount when the order was made was based on information from that time.. things change. If there is an end date to the spousal support, then BM is probably going to be expected to be working or doing something to become self sufficient and if she has not, it will not reflect good for her. The courts do seem to be cracking down on 'voluntarily unemployed' parents... and it makes his case better if he's paying spousal support with the intention that she become self supporting (based on the end date). Even in this economy, the court may deem income to her at the rate of minimum wage. Children have the right to be supported by BOTH parents and it would also be in BM's best interest to get a job because eventually the spousal support will end & the kids will reach majority... then what will she do? The court may also consider that in it's decision... but there is no argument that the amount of child support is for all or nothing when there are two kids. In every child support order I have seen, it is specified how much is for each child. If it was an agreement by the parties, then it should have been specified half for each or what percentage is for what kid... but absent that, the court will calculate a new amount and as kkny said, all you can do is wait & see. If dad's income is greater, then it could stay the same or increase. There are online calculators that can give you an idea but there is no way to know for sure what will happen until all the evidence is presented and a Judge makes a ruling. Of course, if he gets along with his ex he could try to negotiate a new agreement and save the attorney fees and hassle of going to court.

KKNY, she has a savings account but it's not labeled college or retirement and it's very minimal. She was a SAHM until the divorce and only had a few years of enlisted military experience before that. So she had a hard time getting on her feet with a good job etc. From what she was saying at this point she was used to the lack of support as she had to learn to budget without it. Which meant no savings, no activities etc. So now, she can pay the bills but the boys can't do summer activities or possibly fall activities, no summer vacation, no new clothes (second hand), no movie night..you get the drift. Unless her Grandpa steps in, but she doesn't want to ask. I get his problems shouldn't be hers but he is making either choice a problem.The boys will be affected by the activities or not seeing Dad (by Dads choice) Last time this happened the boys kept getting upset with Mom cause Dad kept telling the boys he had no money = Mom's fault. And Ima, I do get it's hard to judge another's financial status. But I do happen to know the guy personally. All 3 of us were in the same unit in the military. After my friend separated (due to having their first child) and he and I would deploy with our unit, I would see him out all the time in strip clubs etc. He was known as a good time charlie and still is. And my friend was married to him lol, she knows how he valued material possesions and having the best of everything. Child support simply was not a priority for him. In this aspect he reminds me of my ex and I do see this coming with Ex. He has been hinting that he's been hit by the economy and can't afford to have DD out for summer visitation if he still pays support. I've offered to pay airfare, but he didn't like that idea. He didn't get up the courage to ask to stop CS, but I know it's coming soon. And like my friend, I do know my Ex's intimate financial details and spending habits. He'd rather take on a $700 car payment for a brand new car than drive around his old paid off car. He likes to buy all the new sneakers that come out right away or buy them at an exorbitant price so he can show that he got them first...weird stuff I know.

"Any ideas what the court would legally do?" It depends on the state, I believe. A friend of mine recently went through a divorce. He has two children with his now ex. After the second one was born he learned his wife had been cheating on him on and off for a long time (he found out she was cheating when he got a VD). It is possible the youngest child is not his. In fact, the youngest doesn't look like him, but does resemble the other guy (so I've been told by someone else). But it's not a clear cut thing since the other guy and the BM are the same ethnicity, so it's possible the child actually resembles the mother. Anyway...he was told by 2 lawyers to "speak now or forever hold your peace". If he wanted to contest paternity he had to do it before the award of child support (being done as part of the divorce). He consulted a doctor about the test but never followed through. He decided the child is "his" either way, and he just didn't want to know. He pays almost $3k in child support per month, so there was a lot at stake. I think the little girl's situation is complicated. What if the situation was that she was conceived using a sperm donor, so her "dad" was not her biological father? I think most people believe children conceived using alternative methods (sperm donation, egg donation, even adoption) have a right to know. Doesn't this girl have a right to know who her bio father is? What if she found out some other way, wouldn't that be devastating? For example, my mother was blood type O and dad is type A. Let's say I took high school science and then went to donate blood and learned I had blood type B...I'd know know one of my parents (most likely the father, let's face it) was not in fact my bio parent. I was actually at a party where people were talking about blood types and someone figured out something hinky was going on in their family. Everyone shut up real quick.

My DH had a similar situation (different state tho)Yes I do believe if you retain a lawyer, you can get the amount of child support reduced for the time child is not living at home, a home still has to be maintained for breaks and summer, but it will save you money you can put towards college tuition and expenses.