No child support order

[ajfai]

What is the name of your state? Louisiana

My fiancee has a son that he pays child support for without a child support order and this is agreed upon by the mother and him. He has another child with another woman and the mother has gone to child support for this child. My question is, can the courts totally disregard the child support he is paying for the first child because there is no child support order? He has gone to the CS office to set up payments for the other child and took a notarized letter stating that he and the mother have agreed not to go through the courts because they feel they do not need to go that route. Did any other information need to be given besides that letter. The attorney told him that the judge could totally disregard that letter. If that is the case, what else can the both of them do so the CS order for the other child does not hurt the older child?

 

[stealth2]

There is no court order, he's not legally bound to pay support. Therefore it's not counted in calculating support for his other kids. He and Mom could file now for it to go through court, but it won't help - it will be calculated based on his income after the FIRST order is deducted.

 

[ajfai]

That sucks and thank you for your reply. They feel as though they shouldn't have to go through the court for him to be a father to his child. That is the only option they have? They have to get an order?

 

[stealth2]

They can carry on as they have, but he has to realize that the avenue they decided to take will result in higher support for his other children. Going through the courts now isn't going to change it since the other mother has already filed for support - her application will take precedence. Just as if you were to have a child with him and then split up, your child's support would come after the ordered amount is taken from his income - and the first child's will not affect the amount at all unless he does get a court order for that support. I'd, uh, be cautious in terms of that possibility.

 

[ajfai]

Thanks for your help anyway!

And just for the record to anyone else reading this, he is not trying to get out of paying CS for the other child. I know sometimes it gets a little rough in these forums.

 

[nextwife]

WE understand. The second born child is not deserving of MORE support than the first child, just because he was paying VOLUNTARILY without a CO. The "system" should not "punish" the first child because his parents were able to work together and arrange to pay CS without a CO.