HomeChild SupportIs it legal to get a child support order while you’re still married to make sure all children get an equal?
Posted in Child Support on 22nd May 2014

Is it legal to get a child support order while you’re still married to make sure all children get an equal?

Suppose I am a women – I am married to my husband who I will not divorce, can I go to court and have child support garnished out of his wages under any circumstance?

Is this possible?
The intent of doing this would be in a scenario where 1 child of an ex is getting an unfair amount of child support while your other children (who live with you) aren’t factored into your salary or the amount of support you pay. Is it possible for a wife to get an order against her husband to force the courts to divide a set amount by all the children this man has, not just one?
Or would this man have to get divorced to have the courts enforce another child support order for the 2 children that live with him?
That point here would be to reduce the amount of child support this man is paying to his ex, by making sure all children are factored into the child support calculation, traditionally the kids who you still have custody of, they don’t get factored into child support payouts.

Best answer(s):

Answer by Barry Obama
No. And if my wife did that, she’d be in the intensive care unit within a minute of her handing me the papers.

Answer by crash.override
The courts are not going to intervene in a marriage like this. Go ahead and try, but you will be wasting your and their time.

Answer by jennifer diamond
The judge will not issue a support order in this circumstance. The courts are not in place to settle domestic matters such as this.

Answer by Claire Voyant
If you’re married, you can’t get child support from your husband.

Please stop getting married and having children.

Answer by jurisjudi
the details you relate are somewhat confusing. do i understand correctly that your husband has 3 children by his first marriage, one of whom resides with his ex and 2 of which reside with you and husband? or are those two children yours and his? or am i missing some children? i gather there is a court order that orders your husband to pay support for the one of his 3 children from his first marriage. is that order for one child or all three? i’m wondering if the existing order provides that your husband’s ex would have custody of all 3 children and ordered him to pay support for the children living with her? some times people make changes in their lives after the court order without advising the court of these changes and asking the court to modify its order. if 2 kids came to live with him after court entered an order with the info all 3 lived with mom/ex, then your husband needs to go to court and ask for modification to provide for these changes. if the 2 kids you refer to are two children born to you and your husband since your marriage, that may also be a change in circumstances to modify the support order for kid of first marriage. child support orders –like all family law matters– are the subject of state law. so it is impossible to hazard even a vague answer without clarification of info about kids and existing court order.

Answer by naughtycat
Yes it is legal. But you’re not supposed to live in the same house. And depending upon the state, you may have to file for separation, also. Be aware that’s fraud and if caught, the penalty possibly far outweighs the crime.

Answer by pragmatism_rules
No. And frankly speaking, you should have thought about the child support that your husband was already obligated to pay for his first lot of kids BEFORE you married him and had children with him. His first lot of children should not be made to suffer because he decided to make even more kids that he could not financially afford. And now, because you put your big girl panties on and married a man with these obligations, YOU will have to get a job and support your own kids.

One more thing…should you decide to divorce your husband so you can get “child support”, what makes you think that he won’t marry a third woman and have even more children he cannot afford…thus putting you in the position his first ex is in now? If you hadn’t wanted to put your children in such a fix, you should not have married a man who already had kids to support. But you chose to do this and now you are stuck! Good luck and God bless.

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