His child support leaves nothing for our children what do i do?

Question

My husband pays child support to 2 children from a previous marriage. The amount is more than we get for our whole family, which includes both of us and our 2 children. How is this fair? Plus now our children can't even get the states insurance because we're over the income limit before the child support is taken out of his paychecks. And the state won't re-evaluate their insurance after the support is taken because we're already over the limit. If the goal of the courts is to protect and provide for the children in their case, what about the children they are taking from. We are to the point that one of us will have to quit our job because we can't afford to pay for child care. I f he were living on his own he would have to live in his car or go hungry. I don't know anywhere where you can live completley off $400/month. That is unreasonable to expect to pay for food, rent, car insurance, gas, etc..with that amount. Therefore I am supporting our whole family so he can pay them. ???????

Answer 1

he had them first and therefore he has to take care of them first

i'm sure that you knew he was paying child support and how much he was paying before you married him and therefore you should not be complaining now about it, he was paying it before and will continue to pay it

although the price may seem unfair, you may be able to change it, if not then i suggest reorganizing your budget a little or get a second job

since you are only showing that he is the one making money and bringing it home and its not enough to support your family then perhaps you should get a job, if you already have a job then perhaps reorganize your budget to conserve money

i know of plenty of people surviving on one income in a family so it shouldn't be too much of a problem

Answer 2

I don't know what state you live in, I live in Indiana. My husband pays out a lot for his 2 children from his first marriage. I know it is hard. But when he has more children the state should take that into consideration. I know it is not much. Indiana has a child support caculator. Try a google search and see if your state has one. Perhaps something was figured wrong. He should get credit for insurance, if he carried it on the children, as well as credit for the children he has with you. Does his ex pay a babysitter? I know he would be responsible for a portion of that. Perhaps that is why it is so high. IF he quits his job, he would still have to pay. So, $400 a month is not much, but it is something. Can he work overtime at his job? Or could he get a part time job on weekends? Even $50.00 a week would help. My husband has to work overtime every week so we can make ends meet. But, then again if his ex finds out, I am aure she would get her hands on it. Good luck

Answer 3

Your husband can go back to family court to ask for a reduction in the child support amount. He should take his tax statement from last year plus copies of all the current bills and verification of the amounts paid each month on each bill. Usually the Court wil make a change if your expenses leave too little to pay for your own food and housing.

Be aware, however, that he helped to bring the first two children into the world and he has a responsibility to support them, regardless of what his current financial situation is. You knew when you married him that he was responsible for the support of two children. Maybe you should have given this a bit more thought when you brought two more childen into the world. Has he thought about a second job? Lots of people have had to do that.

Answer 4

I am sorry for your current situation but you came into this knowing he had this financial responsibility and should have taken this into consideration prior to getting involved. Then having two additional children under this financial burden made it even worse. We are always in charge of our own destiny. But given that you went this route, you need to have an attorney re-evaluate the situation. If that doesn't change things, you and your husband may have to work additional jobs so you can live even if it means that you don't have as much time with your new family as you would like. All these children have to feel they are taken care of and protected. They, after all,didn't create your situation. Is it going to be hard? Yes. But what is the alternative? I don't think being homeless is one of them.

Answer 5

You should request to the child support agency who is enforcing the case against your husband to have them modify the existing child support order. Explain to them that the child support amount is creating hardship in your existing family. Modifications that are done through a child support agency may take up to a year to complete, however this may help you out financially. If the child support agency is unable to modify your order you will have to get this done privately through an attorney, or do this pro-se (on your own, contact the court that had done the original order and ask them what steps you need to take to modify the existing order).

Check with your local health and welfare office to see if there are other state or federal programs that you may qualify for other than medicaid/medicare that can help you with child care, medical expenses, etc.

Answer 6

I feel for you. At the same time I can't say that it's unfair. You probably knew about his child support before you started having his babies. If he was paying you support and suddenly stopped because he had a different family now, how would you feel? Maybe he can try to work something out with the ex? Maybe not. But if it's creating a hardship he'll try to work it out or get another job. I'm sorry - but that's how it goes. Until she's married he'll have to help her with their children. She isn't obligated to worry about the kids he has with you. That's your job. Taking away from her kids isn't going to help. Find a way to work this out with her. Good luck.

Answer 7

He needs to get a second job in order to support his family. He has a responsibility to his kids from his previous relationship. The courts have ruled that the amount is fair. If he cannot provide for you and his other children with u, then he needs to get another job to bring in more income for you and his current family. It may not be fair, but there is nothing u can do about it. He made those kids, he has to stand responsible for them. I know u love him and want to defend him, but the plain truth is just as i have outlined above hun.
U apparently knew he had kids from a previous relationship. There is alot of responsibility that goes along with it. If you and he were to split, u would expect him to pay as well to support his children with u.
Another job is the only option he has in order to take the financial burdon from your family. He needs to make sure though, that this job is "under the table" or hes paid "cash" because if his ex is vindictive, she can also request support be taken out of his second job wage as well.
Good luck to u hun. I have been there, and i know its hard, but at least he isnt a dead beat who is running from his responsibility. He is facing it. He just has to do more to make it better for the two of you now.
Best wishes.

Answer 8

I don't know where you are from but what you are saying doesn't make any sense. My children are getting ripped off royaly because my ex keeps getting girls knocked up. Instead of getting what they were originally due the state now takes into consideration his other half a dozen kids and my kids are getting a fraction of what they should be. As far as medical coverage, you are pretty screwed because as far as the state is concerned if that's what his gross pay is that's all there is too it. Of course on the flip side, my ex hasn't paid support in quite sometime but because it is due to me and one day I might see it they still count it as a source of income. Lastly, back to the child support being taken out of his paychecks, I know the state I live in is only allowed to take half of his income to provide for the kids. So if he has nearly a dozen (as my ex does) they divy up half his income between all of them.

Answer 9

I agree with the others, when they are calculating the amount of child support they are to divide in among all 4 children not just the 2 he had with the ex wife. Silly question but are your children his children because that's the only way they wouldn't be considered. You need to go back to court and yes sometimes men do have to go out to get a second job just to make ends meet, its rough but this is the world we live in.

Answer 10

You guy need to petition the court and ask for a reduction...well your husband need to ask for a reduction. I am sure that you will have to take in all your monthly bills, to show what you are paying out and so fourth....whether or not the judge will want to know about your income, I have no idea. but what ever bills are in his name needs to go. But he can petition the court for a reduction in payment.

Also bear in mind that he is still responsible for the other 2 children from the previous marriage, they belong to him too, and it would be completely unfair for them to do without as well. but to go back to court and ask for a reduction in child support is what you are going to have to do.