My ex husband left my son and I when my son was 8 mos old to hook up w/another girl, which he promptly got pregnant. This was 5 years ago and so I filed for child support/got divorced then. He is a crappy,absent dad to my son and a decent dad to the other kid. Now the mom has left him and filed for child support and she is getting more than me! I don't care about the money, what I'm worried about is getting my money. Now his total he must pay is kinda high and I'm worried he will get behind.
So for example, say he owes me 300 and her 400 in 1 month which is a total of 700. But say he only has 500 to go to child support. Who will get shorted? Will I get paid in full before her since I filed first? Will we both get shorted? Will she get more b/c she has a larger payment?
My son has health concerns and I am taking care of him and trying to get through school. I really depend on that money to help us survive. I want to be prepared if he is going to get behind. I still harbor a lot of negative feelings about this situation. That other kid already took my son's daddy; I don't want him to lose his financial support too. Does anyone know anything about how it works when a man is paying for multiple children who have different mommies? I live in Nebraska, so it may vary state to state, but any advice would be helpful.
i talked to the child support enforcement and they said that whoever he is the most behind on will get paid. So if he is behind on her and paid in full for me than she will get paid first and vice versa. Thanks everyone for your suggestions and I want to especially thank those who reminded me that the other child didn't ask for this any more than we did. It's a very hard situation and I wish that my ex husband would have been a more honorable man. Thanks!
My brother has 3 kids-different moms so similar situation. The support is tiered. The first child gets the most and then down from there-though none much more than the other. My brother though pays for a lot more for his kids than just what he gives their moms.
First of all, you shouldn't harbor any ill/negative thoughts to his second child. That is A) not your place, B) the child didn't ask to be put into the situation just like you and your son didn't ask to be put into the situation. It's only natural, as a parent, to want the best for your child(ren) but what the second child gets, really isn't your concern...the court made that decision for the non-custodial parent and the child's custodial parent.
In most states, the court order is what stands. If his job cannot support what is court ordered, then they will take the percentage in which they feel is appropriate (some states say that non-custodial parents can pay out 70% of their pay, leaving 30% to live off of...just an example) and they will divide that percentage amongst the custodial parents going along with the court order. So if she has a higher payment than you, then of course, she is going to get more of that percentage than you are. What cannot/has not been paid will get put in arrears. I would definitely go back to court and get an order for arrears. Then he'll have another order for that.
In my situation, the non-custodial father was ordered $350 in child support and then $50 in arrears. Do I get that $400 a month? No. I get $184.62 bi-weekly which equals out to be $4800.12/yr divided by 12 (months) = $400.01/month. So the numbers don't have to equal out monthly...as long as what he's paying annually divided by 12 equals out to be what is ordered.
Hope that wasn't too confusing.
Check with your state and see how often can child support payments be modified. If you haven't had any modifications and it's been the allotted time required for a review, take his rear end back to court, where you both will have to fill out another financial affidavit and see if he is eligible to pay more. You have to be careful doing this, though. If he has taken a pay cut since the original order, this can be to his advantage because he can be required to pay less.
I'm a single mom of four and I have been through this multiple of times...it's the same BS cycle every time.
Most states have programs (run by said state) that will garnish the fathers wages/sources of income monthly to ensure his children receive their payments before he gets a dime. I would what is required to utilize the system in NE.
I believe in indiana it goes by date of filing. so you'd get your full payment and she'd get a partial, but i am not 100% positive. I would contact your local child support department at the court house and ask them how that works. and if the other child is getting more, it could be because your job makes more money than the other woman. but if that's not the case, i wouldn't be above taking him back to court to have child support recalculated and then you could also get his help with medical expenses. Good luck, i hope this situation goes your way.
In DE, you should have your child support amount evaluated every 3 years or anytime there is a financial change. They didn't tell me that until my son was 17 (we had had the same order since he was 3). I don't know if NE is the same but you should find out. Also, I was told that regardless of other kids since my son was the oldest (and at the time the only child) he would always come first...he had him first is what they said. Don't know if that is still the same or is NE feels the same. Talk to your local Division of Child Support.
This other kid did not take your son's daddy....your son's father left for another woman. Big difference.
You should contact your old lawyer or contact your state's child support office. When he divorce the second wife, did the judge know he was already ordered for child support with you? The reason I say this, is because the first child should always get more than the second child, and goes down the line like that. He shouldn't have to pay more than 20% of his earnings on child support, or at least that is what I was told. I think you need to have your payments re-evaluated. Take him back to court. Sometimes, by court order child support, his company will take it directly from his paycheck and send it to you.
HAVE you experienced any late payments?
If you have, the courts can collect and distribute the proper amounts.
no one will get shorted, if its court appt child support you can request that you rec a check from the child support services to guarantee your money or go back to court if he starts to short you. dont concern yourself with her...if anything the judge will suggest he get a 2nd job
