lda12124u Posted April 8, 2004 Share Posted April 8, 2004 I was just curious if u have a baby with a married man, can he and his wife be forced to pay child support. Link to post Share on other sites
SoleMate Posted April 8, 2004 Share Posted April 8, 2004 The biological father can be forced to pay child support from his own funds. As to whether his wife is also "paying", that depends solely on their financial arrangements - how they hold their assets and whether they are in a community property state. But being married in no way lets him off the hook. The only difference of a MM biofather vs. a single one (for this question) is that a judge may take into account his need to support his wife and any other children he may have fathered when setting the support payment. I hope you're just curious and not actually pregnant by a MM who is not your husband. Link to post Share on other sites
echocrush Posted April 8, 2004 Share Posted April 8, 2004 The court doesn't care if a man is married or not, they consider it his legal responsibility to support a child. Child support is figured on his income alone and not his spouses. They don't take into account how many children he has with his wife either. Child support is usually based on who files papers first, not who has children first. I am in both situations, I get support for my three children, and then turn around and pay it for my husbands child. Since it's income based we pay almost as much as we get. All of the states are a bit different so it's best to check laws of the state(s) involved to be sure. The internet has tons of resources. sucks to be him!!! I would not be a happy wife! Seems to me he would be facing alimony shortly after child support. Link to post Share on other sites
Author lda12124u Posted April 12, 2004 Author Share Posted April 12, 2004 Actually I am not pregnant anymore, I just had my son today he is one month old. I hope you're just curious and not actually pregnant by a MM who is not your husband. 1 Link to post Share on other sites
Author lda12124u Posted April 12, 2004 Author Share Posted April 12, 2004 Thanks for answering my question, I know I just asked a general question, but yes i had a baby by a "married", but supposed to be separated man. We were living together here in Boston. His wife also told me they were separated (she lives in Virginia). So I assumed I wasn't doing anything wrong. To make a long story short, they are back together in Virginia, my son is one month old, and I haven't got a penny from him, but he continues to call, and talk about how much he loves me and is coming back home, but I've heard it too many times before. I feel like he uses me to make his wife mad, or when they are fighting thats when he wants to call and say he is leaving her, but i know thats not gonna happen, since this isn't the first time he left and went back to her. Link to post Share on other sites
echocrush Posted April 12, 2004 Share Posted April 12, 2004 Sounds like a strange situation to me. You have a child to take care of now, and it's up to you. If you can make it without the support then that's great. But if your child will suffer then you have every right to collect support. I've gone through a lot of crap concerning support because i wanted to remain friends with my childrens father, but in the end having the court handle it was so much less stress than trying to work it out with him, fighting over what the kids did and didn't need and hoping that he would pay it... now when he calls and complains I just tell him if he thinks there is reason for modification he can petition the court, I am not the one who makes the decision... If you leave it up to the man without a court order then you probably wont ever see a dime... but you will have a lot of hedaches. BTW most states will order back support from time of birth, mine actually goes back to pregnancy as well... filing is mostly painless, call your state office for child support enforcement, a few papers and they will handle the rest. don't worry, they won't make you feel bad or anything about him being married... they don't care. it's all in the numbers, so no one will shame you or anything. Good luck Link to post Share on other sites
ThisGirlNameKD Posted April 12, 2004 Share Posted April 12, 2004 I don't know how much integrity you thought you were going to find in a married man having an affair, even if he and his wife were separated. He's still married. But yes, you can get child support from him. Take him to court. Link to post Share on other sites
morrigan Posted April 12, 2004 Share Posted April 12, 2004 Have the court make your ex take a paternity test (unless his name was on the birth certificate). He needs to be held financially responsible for any children he has. On the other hand, if you want him to pay child support, you have to be aware of the possibility that he might have rights to visitation or partial custody. A co worker of mine decided not to go after the SOB father of her child, because she was afraid he might have been able to get visitation. In her case, protecting herself and her child from the emotional havoc the father would have caused was more important her right to receive child support. Link to post Share on other sites
Arabess Posted April 12, 2004 Share Posted April 12, 2004 Originally posted by morrigan On the other hand, if you want him to pay child support, you have to be aware of the possibility that he might have rights to visitation or partial custody. VERY important point since his wife probably isn't going to feel 'too warmly' towards your child. The courts may grant a limited visitation schedule until the child gets older. Link to post Share on other sites
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