FreeToGo - I beg to differ, at least in my state, where the person who has a support order in place at the time the 2nd custody order is sought is in a better position. IOW, support order #1 is based upon all of payor's income. Then at the time the parent of the new kid (child2) seeks support order #2, the payor gets a credit for what they are paying per order #1. So, the income that is being used to calculate order #2 is MUCH less than what was used to calculate order #1.
Example: Payor makes $1k/month. Payor has support order #1 saying to pay $250/month child support to Parent #1 - parent of child #1.
Payor has child #2 with parent #2. Payor's income for order #2 will be $750/mo (after the credit for what they are paying for child1). So, parent2's order is based on a lesser amount than parent1.
Your example seems to imply that a court would have jurisdiction to change the amount paid per Order #1. However, that is not accurate - order1 can only be modified if one of the parties to it (payor & parent1) files a motion to modify. Which costs both parties $$ and can take at least (and usually more than) 1-2 years (in my area).
So, parent2 is stuck with their support being calculated on a lower income from payor and they cannot seek to modify order1 on their own (and the court cannot do it own it's own volition).
In my state, there is a 2020 court of appeals case that says the payor can NOT take the credit for after born kids in a suit to DECREASE payor's child support (they CAN take the credit for kids born and in their PRIMARY custody prior to the 1st order) - they can ONLY take the credit in a suit to INCREASE support (and that credit can NOT - alone - be used to decrease support - there have to be other factors to reduce support). So, why would EITHER payor or parent#2 ever put out the attorneys fees, time, effort, energy, etc to modify order1?
It has NOTHING to do with which kid is born first (so it ain't feudal England), but EVERYTHING to do with who gets the support order first, as that order is part of the calculation for any future order. FWIW, I worked in family law for decades, in various capacities, and have personally seen parents be screwed by how this works (including the OP's situation). What's worse is when wife/parent1 has 2 or 3 (or more) kids with dad/payor, then dad/payor had another kid on the side, during the M. Parent2/OW/baby momma files a paternity suit for support, and bc paternity suits are NOT in the public record in my state, dad/payor keeps it all secret, gets the support order and pays support for the OC w/o his wife knowing. When wife/parent1 files for D, she is screwed bc the support for her 2 or 3 or more kids is calculated based upon a smaller gross income from dad/payor (and note: her kids are all older than the OC that was the subject of order1). I have been personally involved in such cases.
I'd be surprised if the majority of US states aren't similar (I'm out of the family law biz and just don't remember off the top of my head if the uniform child support enforcement laws speak to this or not - but would not be at all surprised if this is the method for calculation in a majority of, if not all, states).
Yes, child support is ALWAYS modifiable on the motion of one of the parties. Yet OP should be talking with an attorney IMMEDIATELY about how CS is calculated in her state, given the impending OC coming into the picture.
[This message edited by gmc94 at 3:51 PM, October 16th, 2021 (Saturday)]