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Child Support - advice for protecting marital income PDF Print E-mail
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Child support

 

The stress of providing financially for an extra marital child can place additional burdens on a couple considering whether to attempt reconciliation...

As much as it might pain you to accept, you need to start considering Child Support (CS) as a given. It is very rare for the other woman not to file for it and unless the DNA test comes back negative, she will be awarded it. What form it will take and how much will depend entirely on where you are. In some places the courts (or other responsible body) will have a minimum standard of support for the other child and will take proportionately from both biological parents income to reach that standard, and in other places it will be a straight percentage deduction from the non custodial parent’s income. It really does depend entirely on where the matter will be decided.

That said, many women are concerned by the reduction in income that will be suffered by their children when the child support is deducted. If this is the case we would recommend you see a lawyer or other legal adviser as soon as possible and see about filing for child support for your own children immediately. If it is possible in your jurisdiction it has the effect, at least in the short term, of quarantining a portion of the household income from the other womans child support claim and will allow you some breathing room to decide if you want to stay in the relationship or not.

It should be noted though that this advice is not intended to deprive the other child of any support but to ensure that the other children involved in this situation are not deprived of the support they also deserve. The fact is that the Courts are not set up to deal with the existence of a child born as a result of infidelity and will try and decide the issues using the template of a standard divorce where support for all the children would usually be decided in one go. If the preexisting children are not the subject of a support order, all too often the courts are not able to even acknowledge their existence.

*the above is not legal advice and should not be in any way construed as such. It is simply the experience of many woman who have faced the situation and is provided as information only. We accept no responsibility for its correctness. For advice specific to your situation we recommend you contact an attorney.