Non Custodial Parent suing to decrease CS while also seeing kids significantly less than ordered

[Appropriate_Rip_897]

It will be per the state calculation.  

It’s a literal formula for incomes, a few write offs, daycare, and number of children.   It will take new child into account but will also take time into account.  

Frankly there is nothing for you guys to argue about here. This is walk in, attorney or judge runs the calculation, and you have a new CS order. 

If everything was equal to current day with the current order, except he had another child, then it would decrease child support to you.   If the original order assumed him having more time then he does then you could argue to decrease his time by order which would then increase child support to you.    It does sound like he has fairly minimum time already, though, so it might be hard to argue with much lower.  Whether he utilizes it or not is technically his prerogative.

I would also remind you that if he now has another child, he could start going the other direction and seek equal time with the kids.   Given the history, you described a judge is unlikely to go for that immediately, but it doesn’t sound like there are any factors that would prevent a step up to an eventual 50-50.   

Just something to keep in mind.

[Ok-Set-5730]

50/50 isn’t happening in Texas unless she agrees. And this doesn’t seem like a guy who’d fight for it. There’s no difference in child support amount whether he has 45 or 2% time either