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miree · May 9, 2007, 08:31 PM

I am married to a man that has 2 kids from a previous relationship. We have physical custody of 1. now the social services department is taking my husband to court to modify child support order for the one in her custody. She has not nor has she ever paid or offered to pay support for her child that is in our custody who has been in our home for 14 years and will be going to college this fall. Can we take her to court and for child support and will my husband have to pay more money to her even though we are taking care of one child already and supporting the other with child support as well as providing for him on his birthday and christmas and whenever she allows him to come around?

LadyB · May 10, 2007, 05:48 AM

You need an attorney, but it stands to reason if you countersue her for child support of the child in your custody, a judge might just say "You each support the child in your care" or something like that... though it's possible you'll have to pay one amount to her and she'll have to pay a different amount to you and you'll swap checks every month.

NowWhat · May 10, 2007, 08:49 AM

You do need to get an attorney. This is what happened with my brother - he has 2 kids and one came to live with him - his child support did not stop until he went to get legal custody of the child in his care - the judge stopped the support. He had one child, she had the other. It was almost like a "wash".
I don't know if this helps.

jverner · May 14, 2007, 12:27 PM

Originally Posted by miree

I am married to a man that has 2 kids from a previous relationship. we have physical custody of 1. now the social services department is taking my husband to court to modify child support order for the one in her custody. she has not nor has she ever paid or offered to pay support for her child that is in our custody who has been in our home for 14 years and will be going to college this fall. Can we take her to court and for child support and will my husband have to pay more money to her even though we are taking care of one child already and supporting the other with child support as well as providing for him on his birthday and christmas and whenever she allows him to come around?

It depends on where you are. Child support laws are state-specific. Check out Information & Resources :: The Child Support Web :: Your Online Portal to Child Support Enforcement to get information about your state.