Legal Question in Family Law in California

Hello

I am legally separated with two daughters. My husband has had a child with another woman (obviously, out of wedlock) and has been taken to court for child support. They have attached his wages. He has been unemployed for quite sometime and has not given me any child support money for several years. We have a good relationship and I would not sue him or take him to court at this time. Currently he has no income but the potential to make a good deal of money in the future. Do I need to file anything legally? Since the mother of his son has filed with the court, does her child have more legal and financial rights than mine? If my husband does earn money in the future, will her child be able to have a larger share of his income than my children?


Asked on 7/02/11, 7:30 am

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

It would be in your best interests to get a copy of all the financial information in the other case as a backdrop to determining if you should be taking any action to collect support at this point. Support vectors include support obligations to other children on determining how to allocate support in either your potential case as well as the pending matter.

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Answered on 7/02/11, 1:39 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

You both could receive less in child support due to the fact that he is paying child support to someone else. The children would not be treated differently based solely on the fact that some are legitimate and some are not, and it isn't first come, first serve, but you can't collect until you file.

I am glad for your children's sake that the relationship is good. That is a gift everyone will benefit from, including yourself.

Having said that, and not trying to cause issue, but I hope he is making every effort to obtain employment. I don't know what you are waiting for as far as expecting him to step up to the plate and providing support, since you say that he hasn't paid support for several years, and may sometime in the future make more. How much longer? Your kids need and deserve support now, not after they are grown. Even if you don't need the money, that is college funding that the kids won't have to worry about. Kids don't stop needing food, clothing, or a place to sleep just because someone has not planned to financially care for their children. The Courts are not real sympathetic toward someone who spends years unemployed. A judge would tell him to work three low paying jobs, whatever, take care of your obligations. I tell women the same thing. ESPECIALLY don't go out and get another woman pregnant when he hasn't been taking care of the two he already had.

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Answered on 7/02/11, 4:12 pm
Moe Green Washington Group LLC

The first attorney answered this question very well.

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Answered on 7/03/11, 11:39 am


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