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My ex husband dropped of of the face of the earth over 9 years ago with past due CS is in excess of $45,000.00 as of last month. My current husband and I have been together for 6 years. This is the only father my children have known. He has provided for them, carried them on his insurance, etc. since I was laid off from a major airline 5 years ago. According to some of the threads I have read here if we were to divorce would he be responsible for paying CS on these two children? And if so, would these two children be considered as "his" resposibility in a possible modification? Or would I need to have my ex charged with abondonment? I also want to have my kids name changed (they want they same last name as mom and dad) what would I need to do to take care of this?

Cannot tell from your post if your plan is to leave the current husband and make him liable for your kids, or if you want him to adopt the kids and then leave him so he is liable for child support, or if to have him adopt the kids and remain a family.

It is not simple to answer because your intent is unclear. At this point, the stepfather has no support obligation for the kids, though he may have an obligation to pay you spousal support should you separate but that depends on your current job status and both of your situations.

I suggest consulting a local attorney to discuss.

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I was trying to keep the post short, however I think I over-simplfied it. I have been lookng for my ex husband for a while to collect on back CS. My current husband has been the sole supporter for our household due to my lay-off after 9-11. No I am not divorcing my current husband and I am asking this question for future reference. My current husband pays his CS each month and is current, he is filing comtempt charges on his ex b/c she left the state and prior to that she constantly denied visitation, she is also being charged with parental alienation. There is a very good chance she will loose custody due to neglect. I was just wondering if the situation arose to modify CS would there be any consideration for the fact that my current husband supports my two older kids. Considering the fact that my ex still hasn't been located (which I realize that my ex is responsible and I am doing everything I can to make him responsible. I would settle for the $380 a month he is supposed to pay if he would even pay that)
Thank You

No, your older kids will not be considered in his support obligations to his other children - simply because he isn't financially responsible for them, thier own father is. The fact that he's the one who supports them and thier own father doesn't, is not relevant. He does it by choice, he isn't legally responsible for your older children.

Your husband will not be financially responsible for your kids unless he adopts them. If you were to divorce, he would not owe child support for them - thier father would still be the only one responsible for child support.

It frustrates me b/c if I were single and my ex wasn't paying I could apply for state assistance, but b/c I am married and my current husband makes a specific amount of money I can't get assistance. Not that I have ever gotten help, but if more money was taken from his (current husband) pay check we would be like so many others on this board that would struggle from check to check. it's not as though I would short his child any money...I never have, but it's tough finding work now due to so many evacuees comming into our state and all the lay offs. It seems like a lose-lose situation. argggghhhhhh

Thanks

i dont know what your income is but as far as asistance goes they will determine your family income with subtracting the amount of child support he pays out. so basically the income will be figured as what the household brings in after the childsupport is paid along with other nessasary bills or at least they do in the state i live in.

I Live In Wisconsin The State That You Have To Know How To Get Around Child Support If Your Smart!!!!!!!


I Have A Child I Never Wanted I Only Pay For The Ones I Wanted. I Could Not Have A Abortion Or Give It Up. A Man Should Have A Way Out Just Like A Women.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!


You Go All Men!!!!! We Have Rights At Least We Tell Women To Get Rid Of Them. We Dont Leave Them In Garbage Cans!!!!!!!!

I Know In Wisconsin Thay Dont Care About Other Children Let Your Husband Know To Work More Jobs For Cash!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I Have Two Children With My Wife Now And I Can Not Live With Out Them!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I Own A Horse Farm And Put Everything In My Wife Name Always A Way Out Just Study And Be A Investagater. My Wife Is A Lawyer



Have A New Love Adopt Everyone Is Due To Mistakes

You are remarried right? Have your new husband ever went down to child support to have a modification on his two older children? It dosen't hurt to ask cs if they would consider him supporting your children if he is up to date on his support.

No Mom26, please dont give the OP any wrong information. The older children will not be credits towards lowering his cs payments. The only way that would happen is if the current husband were to adopt. Which, to me, sounds like could be done fairly easily considering the length of time biod dad has been out of the picture both physically and financially. OP be advised that if current husband adopts children and ex has his rights terminated, you are still entitled to ALL of the back child support owed. He would just no longer owe current support.