Q: Separating from cheating husband who now pays child support for extramarital child. Seeking support for our kids.
The mistress has already put my husband on child support. I plan to leave him and I am going to seek child support. Will my child support amount be lower because she already has an existing order? I have 2 small children with him and they are one and two years older than her child.
A: Whether your children's support will be impacted by the existence of this new child depends on the incomes of all parents involved. The support rules state " When the total of the obligor’s [your husband] basic child support obligations equals 50% or less of his or her monthly net income, there will be no deviation from the guideline amount of support on the ground of the existence of a new family." That means that if the support order for the third children and your children, without including extra expenses such as child care, does not exceed 50% of your husband's income, there will be no impact. If it does exceed 50% the court will make a proportional reduction of both orders. You would do well to consult in person with an experienced family law attorney before separating from your husband. There is some planning you should probably do. Also, you may be eligible for spousal support. You should discuss that as well with a local attorney experienced in family law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
