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Father is separated from new wife. Where does that leave Child Support for 2 kids?

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

My daughter's father is separated from his new wife. They have a son that just made a year this month. They are not legally separated, and the wife has been harassing me that she comes first with child support. The father is currently unemployed and I have been working with him on child support. I can't force him to pay if he is not working, and he has not really given me any problems with child support other than when his wife bounced his checks on purpose some time ago. Since they are not legally separated, does he have to pay child support for his newborn if there is no court order, and put my order 2nd? Wouldn't my child support order come first once dad gets another job? Thanks.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? LA

My daughter's father is separated from his new wife. They have a son that just made a year this month. They are not legally separated, and the wife has been harassing me that she comes first with child support. The father is currently unemployed and I have been working with him on child support. I can't force him to pay if he is not working, and he has not really given me any problems with child support other than when his wife bounced his checks on purpose some time ago. Since they are not legally separated, does he have to pay child support for his newborn if there is no court order, and put my order 2nd? Wouldn't my child support order come first once dad gets another job? Thanks.


Don't even entertain this woman!

Yes, your order comes first. If she wants child support, she'll have to file for it - and she'll get whatever percentage/calculation is figured after yours has been deducted (as a general rule).

(In other words, the pot will be smaller)
 

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