Temporary Child Support Order

[kathylong744!]

What is the name of your state (only U.S. law)? Missouri

My kids dad, a married man and practicing physician has finally acknowledged paternity after 3 months, but hasn't agreed to help financially other than the 500/wk which began the third week of November. The kids and I are now living with my mom because it was uncovered that not only is he married but his wife's name is on the deed to the home where we have raised our childern for the last 10 years. We have a adult abuse hearing soon and I wanted to know if my attorney could ask for a temporary order for child support at that time?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Missouri

My kids dad, a married man and practicing physician has finally acknowledged paternity after 3 months, but hasn't agreed to help financially other than the 500/wk which began the third week of November. The kids and I are now living with my mom because it was uncovered that not only is he married but his wife's name is on the deed to the home where we have raised our childern for the last 10 years. We have a adult abuse hearing soon and I wanted to know if my attorney could ask for a temporary order for child support at that time?

Why are you waiting? Go see your state's Child Support Enforcement Agency and file for support. First thing tomorrow morning. (It can't be handled at an abuse hearing, anyway, but even if it could, there's absolutely no reason to delay).

And Dad doesn't owe anything until there's a court order.

 

[Ohiogal]

Did you have your children with him WHILE he was married? Were you his mistress?

 

[mistoffolees]

Did you have your children with him WHILE he was married? Were you his mistress?

I'm trying to figure out where you're going with that. Care to clue me in? I can't think of why it would matter. Legally, I don't see how it could make any difference.

Grasping for straws, I thought about alienation of affection, but that was abolished in MO in 2003. Even though the kids were born before that, Dad's wife would no longer be able to file a suit.

 

[Antigone*]

I'm trying to figure out where you're going with that. Care to clue me in? I can't think of why it would matter. Legally, I don't see how it could make any difference.

Grasping for straws, I thought about alienation of affection, but that was abolished in MO in 2003. Even though the kids were born before that, Dad's wife would no longer be able to file a suit.

Has this man even been legally declared daddy? I know she said he acknowledged paternity, but does she mean that in a legal sense, or he just said "yep, I'm dad."

 

[Ohiogal]

The kids and I are now living with my mom because it was uncovered that not only is he married but his wife's name is on the deed to the home where we have raised our childern for the last 10 years.

This is why I am asking. If he has been married for the last 10 years, I have to wonder a few things. Also there is the idea of how he was living there and how INVOLVED he was in raising the children if he was married.

 

[mistoffolees]

Has this man even been legally declared daddy? I know she said he acknowledged paternity, but does she mean that in a legal sense, or he just said "yep, I'm dad."

I don't know - which is why I suggested that OP should make her first stop this morning at the state's child support enforcement office. Initiate a claim and they will start by establishing paternity if it has not already been done.

 

[mistoffolees]

This is why I am asking. If he has been married for the last 10 years, I have to wonder a few things. Also there is the idea of how he was living there and how INVOLVED he was in raising the children if he was married.

I'm still having a hard time following where you're going with this.

The fact that the home was in his wife's name doesn't really change anything. His involvement with the kids might if he were to ask for custody, but he's a physician so it is likely that OP was the primary caregiver - especially for the last couple of months.

Unless he were the primary caregiver, why does it matter?

 

[Ohiogal]

I'm still having a hard time following where you're going with this.

The fact that the home was in his wife's name doesn't really change anything. His involvement with the kids might if he were to ask for custody, but he's a physician so it is likely that OP was the primary caregiver - especially for the last couple of months.

Unless he were the primary caregiver, why does it matter?

It also goes to possible support during that time if he was providing support (house in his wife's name but if he and his wife were married at the time they were living in the house that counts as his support).

I want my questions answered.