First vs. Subsequent Family and child support

[LeumasEus]

What is the name of your state? Illinois

I am the custodial parent and have an existing child support order for my two children. My ex remarried and had another child. They are now divorcing. She is, of course, seeking child support.

How can this situation impact his support obligation to me an my two children?
What can I do to prevent a reduction in my support?

Thank you!
Sue

 

[critterperson]

What is the name of your state? Illinois

I am the custodial parent and have an existing child support order for my two children. My ex remarried and had another child. They are now divorcing. She is, of course, seeking child support.

How can this situation impact his support obligation to me an my two children?
What can I do to prevent a reduction in my support?

Thank you!
Sue

In Illinois (I know) your child will not suffer because of subsequent children...Illinois believes that if you have an order of 28% for the first set of children that will come right off the top.......his second set of children in this case, 1 child, will get 20% of whats left......So...to put it mildly your ex is going to be in financial purgatory until your children turn 18........ Illinois does not punish 1st wives children for ex having more children with someone else and then getting divorced...... They do not reward the one paying child support either by reducing child support. Basically the first wife gets a finders fee .......1st wife flagged him as a 50/50 risk...second wife ignored the flag and she will get 20% of what is left after paying you..........Some people may write in and say that I am all washed up...BUT I am the first wife getting full child support.........the second wife gets what is left over............I WARNED HER! She didn't listen...:

 

[critterperson]

Just to make sure that your interests are protected...talk to the attorney that handeled your divorce to protect your child support.........I have always had an attorney so I'm not sure if they have to file anything to protect your rights.........I just know how my situation turned out..........2nd wife was totally floored when she learned that I was 100% correct!

 

[Tunie]

Yep

My husband was in exactly the same situation. He paid support for 18 years each on his two bio daughters who are now 20 and 22. He was divorced from their mom for over 10 years. He remarried in 1990 and was married for 5 years and adopted his second wife's son during the marriage. He paid child support on that child at the same time as the two daughters based on his net disposable earnings.

When his eldest bio daughter reached 18, hers stopped. The second bio daughter's continued to be paid at the proper percentage for her (increased due to first daughter being 18) while the CS for the adoped son remained the same as before. Once his youngest bio daughter turned 18, CS stopped on her and was increased on the adopted son to the legal limit. So, yes, he paid on all three at the same time in the percentages allowed by law. I don't know exactly what the percentages were but this is the way it works. And this is in Illinois as well.

 

[SecondWifeAZ]

AZ
I am also a second wife , and she is right. First wives do have it alot easier than second wives.
I am a two time second wife. Of course after the first marriage the odds of ever being a first wife again are low. Single men who have never been married tend not to get involved with a divorced woman with kids. (baggage as they call it) eventually most first wives become second wives at some point. Then they find out how truly difficult it is.
The fun of being compared to her . Maybe your just not as good as she was, or when your angry you sound just like her. Men tend to take out thier frustrations from thier first marraige out on the second wife. " I did all the right things for her and she left me so I'll be a jerk to you!"
Then when your finally sick and tired of all the hassel of trying to make things work, you find out when you do divorce the most you will get to support your five kids is fifty dollars a month!
Im venting. My first child is from the first wife who left him at the age of 6 months. I have raised him for fifteen years without one penny of support from iether parent. Legally I have no real rights , but I have my son. And I always said thats all I wanted and Im happy with what Ive got.
Of course I would like to have said I was a first wife. For the fantasy of it. But Im sure the reality is not all its cracked up to be.
To answer your question the second wife will not effect you and your kids, even when he dies your kids come first. But hopefully seeing they are half brother or sisters they wont loose contact with thier extended family.

 

[LeumasEus]

Thanks for all the great replies!!
You have all helped to set my mind at ease.

 

[MinCA]

But you want the other child to have less in life than your own. If you cared about CHILDREN, you wouldn't say that the other child should get less.

Sad that when a divorce happens, without failt the mothers almost always get the children and the father pays the child support. I'll bet the father paying 28% doesn't get to see the children 28% of the time. He'll be lucky to get every other weekend.

 

[WyattJ]

Watch out!

In my situation, my son was born first and the x went out and got someone else pregnant. Well she went after support and she was awarded more support then I ever recieved from him but the reason for that is because they based her child support payments on what he is making now which he is making more now since our son was born.

I tried to go back for more because honestly that is not right, my son got shorted. Well my increase was only $17.00 more a week which still does not add up to what she is getting a week.

Now the kicker, they are now married but he is still paying child support on a child that lives with him. NO KIDDING!

 

[AnswerMeNOW]

Now the kicker, they are now married but he is still paying child support on a child that lives with him

Isn't that consider fraud? Can't one report that to the CSEA?

 

[WyattJ]

If you know how let me know. I just don't know.

 

[critterperson]

If you know how let me know. I just don't know.

Wyatt-
If I were you I would call the States Attorney's office and talk to the child support division.........Explain your situation and see if they can help...It sounds like he is commiting fraud in order to pay you less in child support....If they find that to be the case you may get back CS... I have never heard of such a thing--I would think that when you get married to the person you are paying cs too.....payment through the courts would stop....Is he just writing her a check? Do you have an attorney?

 

[WyattJ]

He is not just writing her a check he is actually getting it garnish as mine is garnish from his employment check..well right now he is receiving workmen's comp checks (weekly).