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Married Ex and child support

My ex was legally married (but had filed for divorce and they had been split up for a while!) when I got pregnant. After I kicked him out he went back to her and stopped the divorce proceedings. Does anyone know if this will affect the amount I get for child support? I was also thinking I could use this against him if he tried to get joint custody. The jerk said he wanted joint custody so he didnt have to pay as much child support! Anyone have a similar situation?

 
sbastille

Asked by sbastille at 11:46 AM on Oct. 19, 2008 in Relationships

Level 2 (10 Credits)
This question is closed.
Answers (8)
  • do you have proof of him saying that? any judge in their right mind will give him less custody because he obviously only wants it so he doesn't have to pay... I found that out from my lawyer. the other tip was to file for child support, but not custody. let him file. he'll still have to pay the costs, and chances are he'll do it right when he gets the support order... it's just more proof he only wants custody so he doesn't have to pay
    MammaCat

    Answer by MammaCat at 9:33 PM on Oct. 21, 2008

  • Child support is not based on him being married to another women. They take your total income and his total income, and they create a 100% base to work from. You will both be financially responsible for the child (unless he signs over all responsibilities). From there the judge/state will create a support guideline. could be 50/50, could be 75/25....it all depends on who makes what.
    EireLass

    Answer by EireLass at 11:50 AM on Oct. 19, 2008

  • Just wanted to add that I'm not trying to soak him for money....I just don't want him getting joint custody so he can pay less. My son is 3 months and he's seen him once and never even calls to see how he is doing and hasn't helped me at all. If he cared about seeing him he would have made an effort already!
    sbastille

    Answer by sbastille at 11:54 AM on Oct. 19, 2008

  • First, if he has only bothered to see your son one time, no judge in the world is going to order any real custody to him. I'm sure he was threatening that to scare you. Being married or single doesn't matter when it comes to child support, if he and his wife have children together, that might matter because he will be financially responsible for both children.
    kabbot01

    Answer by kabbot01 at 12:02 PM on Oct. 19, 2008

  • Only thing that shocks me is that the wife took his sorry butt back! If he's doing this to his child with you, then maybe he did this with their kid/s too and she figured that's the only way she'd get any type of support...
    I normally try to not be bias but.....
    Just curiousity.... why'd you kick him out? If it was for another guy or something along that line, maybe he doesn't think baby is his???
    Sounds like a real winner there.... if I'd been her I'd have used your pregnancy against him in court.
    Just goes to show..... until you see the decree, they're still married and it may not change.
    lisa_ann_p

    Answer by lisa_ann_p at 12:20 PM on Oct. 19, 2008

  • I kicked him out because he woke me up in the middle of the night to yell at me for acting strange (I was pregnant but we didnt know yet) and I had to lock myself in the bathroom to get away from him. He signed the paternity acknowledgement, so I don't think he doubts the baby is his. I have no idea why she took him back! I think it's low self-esteem personally.
    sbastille

    Answer by sbastille at 12:27 PM on Oct. 19, 2008

  • My step dd, had joint custody with her x, he is remarried. They have "shared parenting", she gets child support from him. If either of them make more/less money it can be reviewed. My x and I have "shared parenting", joint legal custody of our dd, neither of us pays child support, that was our agreement.
    robinann5

    Answer by robinann5 at 3:23 PM on Oct. 19, 2008

  • States have different laws. here in CA they cannot look at a subsequet spouses income unless the person who owes CS isn't working. I could make a ton of money and BB can't touch it as long as DH works.
    Anonymous

    Answer by Anonymous at 11:00 PM on Oct. 19, 2008