filinf for child support from my husband after mother of child from affair

[cdcollins]

I have been married for nine years. My husband and i have four children- the oldest is eight and the youngest is 4 months. During a separation 4 years ago my h had an affair which later (after we had already reconciled) produced one child. During the separation, I filed for child support, collected for a few months, but then closed my claim when we got back together. The other woman has filed for support now and is taking a huge percent of my husband's pay. In order to protect my childrens' share of his income, I am considering filing for support myself. My question is: since my original claim predates her claim, would my share come first in the figures. Or will her share remain the first cut because my claim is currently inactive? Right now, husband is paying so much (due to child care expenses of other child being added onto support order) that if I file, there isn't that much left for me to take a percentage of, and I would end up collecting for 4 children, all of our original marriage, far far less than she collects for one illegitimate child. How does this work? We are all in Pennsylvania. Thanks -cdcollins

 

[LadyBlu]

I have been married for nine years. My husband and i have four children- the oldest is eight and the youngest is 4 months. During a separation 4 years ago my h had an affair which later (after we had already reconciled) produced one child. During the separation, I filed for child support, collected for a few months, but then closed my claim when we got back together. The other woman has filed for support now and is taking a huge percent of my husband's pay. In order to protect my childrens' share of his income, I am considering filing for support myself. My question is: since my original claim predates her claim, would my share come first in the figures. Or will her share remain the first cut because my claim is currently inactive? Right now, husband is paying so much (due to child care expenses of other child being added onto support order) that if I file, there isn't that much left for me to take a percentage of, and I would end up collecting for 4 children, all of our original marriage, far far less than she collects for one illegitimate child. How does this work? We are all in Pennsylvania. Thanks -cdcollins

Your order would need to be modified if you reactivate your case, as the state would not automatically go in and lower her payments. So you would be seeing alot less since her order supercedes yours at this point.