I'm in a situation that is similar. I'm the step father of three children and both of their fathers are not paying child support. My wife goes to school and work but she makes less than 1500 a month. I'm basically is responsible for all the expense of the 3 kids. (Medical, glasses, school, activity, medication,. ). When my wife send for a child support order, the first one ask for custody and the second one just took a lawyer to dispute that he doesn't want to pay for our bills! This being in the court system for over a year!! I want to have kids of my own and be able afford having kids...
Can I sue him for unjust enrichment? Last year, the second one sells his house, is hair salon and buy a truck and a Mustang 5.0. He now lives with his parent and cut grass for a living. He spent his money on beer, lottery and drugs. The first one has a lot of money he is the type of guys that love watching is bank account growing after each pay check!! But he doesn’t help in any of his kid expense.

Can I sue both of them for unjust enrichment??

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

No you can't sue them for unjust enrichment. What you have to do is get your own lawyer and push for child support. There has to be a support order in place. It would also help to know where you reside.

I live in North Carolina. I feel like the court system is not helping us. I'm 10 years younger than my wife and I have no kid. But the only way for us to have kid is IVF. That cost a lot of money... but all the money I have now is use to pay for my wife and ex-husband kids... I can't afford my own... while they are not putting a dime in their onw kids education, food, clothes... anything... I love my wife but this is pulling our relationship down...
I don't have money to afford a laywer but they do!! And all this is for them to take care of their onw kids... where is the justice on that!!
I want to find any kind a way to sue them for unjust enrichment or anything that will make then feel like this is their job... not mine!!
I need help and advise!!

Thanks for the new thread

Again, you can't sue them as you want. And how far do you think you would get (if you could sue) without an attorney?

You can't afford NOT to have an attorney. You see what has happened when you go up against soemone with representation. You may be able to get your legal fees paid if they lose so talk to attorneys.

You can not sue them. It is up to your wife to get the support orders in place because they are her children with those men. Did you not know that she had kids when you met and married her? You ask where the justice is but you volunterilly took on that task knowing that she had three kids, was still attending school, and didn't have any support orders for getting help from the fathers.

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Originally Posted by erickbond

I'm in a situation that is similar. I'm the step father of three children and both of their fathers are not paying child support. My wife goes to school and work but she makes less than 1500 a month. I'm basically is responsible for all the expense of the 3 kids. (Medical, glasses, school, activity, medication,...). When my wife send for a child support order, the first one ask for custody and the second one just took a lawyer to dispute that he doesn't want to pay for our bills! This being in the court system for over a year!!! I want to have kids of my own and be able afford having kids...
Can I sue him for unjust enrichment? Last year, the second one sells his house, is hair salon and buy a truck and a Mustang 5.0. He now lives with his parent and cut grass for a living. He spent his money on beer, lottery and drugs. The first one has a lot of money he is the type of guys that love watching is bank account growing after each pay check!!! But he doesn’t help in any of his kid expense.

Can I sue both of them for unjust enrichment???

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You can sue for it but at this point your not the one having the loss if there is a child support order in place. I haven't seen you mention that. Is there child support orders in place? If they are in arrears is there anything being done about it ?

Ref for unjust enrichment...


http://rds.yahoo.com/_ylt=A0oGkxttut...9-876412-X.pdf

Thank for the comments... My wife has child support order for the second husband (the one that cut grass) but he is not paying it's been over one year since he made a payment... and it not because he is not working but just because he don't want to pay our bills... A lot of man that don't pay child support are either arrested or the court system is on top of it... but not in this case, I don't get it... but not for the first one ( the one that like watching is money in the bank). The second one has two kids with my wife and the kids refuse to go and see him... since jan08 they went to see their father less than 10 weekends. The dad also don't come and pick them up after telling them that he is coming... I love my wife and she can't have kids anymore... but she is willing to go to the IVF process with me and starting over with a new baby!! (something that she did not want to do again) . I just want to make this fair...

Well, this is starting to get into a relationship board kind of subject on if you wanting it to be fair but also knowing that you can't afford another kid and she can't have one is really you being fair or not. Legally, however, she can go back to court to have the support order enforced and get a support order on the first one. Then if he dosen't pay keep going back to have them enforced. The ball is in her court as to pursuing the support that she could be getting.

Many states have support enforcement agencies that will help you collect. But you have to keep badgering them or the court to enforce the orders.