should I file for seperation?

[BETRAYED10]

What is the name of your state?What is the name of your state? FL

Someone told me that I should file for a legal seperation from my husband and file for child support on my daughter. (my husband had an affair and the other woman is pregnant). They said that who ever files first gets the best treatment. I am still unsure if I am able to live with this situation. If I don't do anything now, and she files first, Is my 4 yr old daughter going to get the left overs?

[bononos]

Originally Posted by BETRAYED10

What is the name of your state?What is the name of your state? FL

Someone told me that I should file for a legal seperation from my husband and file for child support on my daughter. (my husband had an affair and the other woman is pregnant). They said that who ever files first gets the best treatment. I am still unsure if I am able to live with this situation. If I don't do anything now, and she files first, Is my 4 yr old daughter going to get the left overs?

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[brisgirl825]

Yes, the lady that files first gets the largest piece of the pie. The mistress can't file until the baby is born, so you have some time. However, I wouldn't take long to decide.


My advice...Once a cheater always a cheater. Find yourself a good man.

[Gracie3787]

Originally Posted by BETRAYED10

What is the name of your state?What is the name of your state? FL

Someone told me that I should file for a legal seperation from my husband and file for child support on my daughter. (my husband had an affair and the other woman is pregnant). They said that who ever files first gets the best treatment. I am still unsure if I am able to live with this situation. If I don't do anything now, and she files first, Is my 4 yr old daughter going to get the left overs?

Florida doesn't have any legal seperation. However, you can and should file for CS. Fl. Statute 61.09 allows CS to be ordered without a seperation or divorce filing.

You should file ASAP, because it is true that whoever files first gets the largest chunk of the pie. If you wait until after she files, your daughter will only be entitled to "the left overs".

[brisgirl825]

Originally Posted by Gracie3787

Florida doesn't have any legal seperation. However, you can and should file for CS. Fl. Statute 61.09 allows CS to be ordered without a seperation or divorce filing.

You should file ASAP, because it is true that whoever files first gets the largest chunk of the pie. If you wait until after she files, your daughter will only be entitled to "the left overs".

Congrats on making Sr, Gracie

[Gracie3787]

Originally Posted by brisgirl825

Congrats on making Sr, Gracie

Thanks. I wasn't quite sure if it would be at 1,000 posts, turned out it was at 999.
Gracie

[BelizeBreeze]

Originally Posted by Gracie3787

Florida doesn't have any legal seperation. However, you can and should file for CS. Fl. Statute 61.09 allows CS to be ordered without a seperation or divorce filing.

ahhhh gracie, the statute you cited requires NON-SUPPORT from the daddy. there is no indication that such condition exists.

61.09 Alimony and child support unconnected with dissolution.--If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support or who has custody of the child or with whom the child has primary residence may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.

[Gracie3787]

Originally Posted by BelizeBreeze

ahhhh gracie, the statute you cited requires NON-SUPPORT from the daddy. there is no indication that such condition exists.

61.09 Alimony and child support unconnected with dissolution.--If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support or who has custody of the child or with whom the child has primary residence may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.

Well, I posted that because of what I was told by a lawyer a few years ago. To put it in context of the OP's situation: Hubby will be legally responsible to support this new child, and the sad fact is that although he is married and has an older child his responsibilty to support his first born is ignored. The money that SHOULD be supporting the first born will no longer be available for that child. Viola- father is unable and FAILS to provide for eldest child due to legal obligation to support younger child. OP can file for CS now although new baby not born yet because it takes soo long for hearings in Fl.
This is the ONLY way that the OP will be able to protect her child's right to support from father.

I know I'm rambling a little, and I know that lawyers aren't always right, but I personally know 2 people who have done exactly what I advised OP to do, and have gotten support orders. (one was for spousal support, to protect spouse while husband was paying off CS arrears.) I guess this is another situation where the statute says one thing and Judge's use only part of the statute.
Gracie