Q: My ex husband pays 50.00 per month for our two children, aged 9 and 5, He has an 18 year old son from a previous relationship that gets over 200.00 per month, and the son is in the army. he has not called or seen the children for months, and changed jobs without notifying support. He earns much more than i and i don't understand why the first child gets so much more, when his mother earns more than his father, and he gets paid from the army.
A: David's Answer: It may be that the father is pulling a fraud - saying he pays support when he really doesn't. You can try to argue in your case that the military child is emancipated & therefore any payments the father makes for that child are voluntary. If successful, he would then not get to subtract that order before the court calculates support for your children. Speak to a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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