If I file child support first do i get more money?
my partner doesn't take care of his children. The other woman hasn't filed child support but is threatening. If i file first do i get more money? Or is my case handled first?
2009-12-14T10:49:22Z
he has been gambling away rent money since April. I am protecting this household including his other child lives here at times. If the other person gets the money we'll be in WORSE shape!
2009-12-14T10:51:32Z
thanks motherhood is cool. I' m not trying to be greedy or mean here. I'm trying to protect the roof over our family home. Because no home no family and he knows that. He doesn't agree with my move but i know it's best. Freaking gambling addict!
CaCO3Girl2009-12-14T10:45:26Z
Favorite Answer
It very much does matter who files and when!
First let me say that if you are living with your partner and he is paying any portion of the food, rent, bills...etc you are not eligible for child support.
However, if you are eligible here is how it works. Mom #1, who is called Mom#1 because she got granted child support first, not because she had kids first. So, mom #1 files and gets awarded the standard 20% child support. Let's say dad makes $2000 a month before taxes (gross wages), then mom#1 gets 20% of that which is $400 a month. If and when Mom #2 files for child support they take Mom #1's child support into account, so instead of looking like dad makes $2000 a month, they push him down to $1600 a month, so 20% of 1600 is $320.
Just because you file first is no guarantee you will get to be Mom #1. If dad has already had a DNA test for Mom #2's kids, or was married to her, then those kids are already considered his financial responsibility and the child support hearing is just a formality. If you are not married and there has been no DNA proving he is the dad, the other mom can file months later and she will be seen by a judge first to discuss child support because he is the legitimate father.
So, bottom line, be the first to file and keep your mouth shut to the other Mom.
Greedy much? SMH. I would be so much more worried about having my child's father in their life, then how much money *I'm* going to get. I seriously hope you're not any older then 18.