Child support: First Born V.S. First child FILED for child support

[greeneyebutafly]

Hi I have 2 kids (15 and 13years old) by my ex husband. Through our divorce he was ordered to pay 36 dollars a week for support to me directly. To date he has not done so. He also has another child with someone else that is 12 years old. He has been on child support for that child since the child was 3 or 4 years old and is now at the rate of  $112 per week. I am currently in the process of requesting my child support be paid through probation so that I can get something for my kids even if it is only through tax season.

My question is does anyone know in the state of NJ is there is an advantage to having first born children vs first filed children? 

I am not sure how they figured my kids would get $35 per week at the time, however it seems unjust that his other kid gets more than double that and combined mine get nothing. Now he has not paid any support and is constantly in and out of jail, however while we were married our income tax was always garnished, any unemployment was garnished and so on. His other child did sometimes get a support check, so I would like to apply so that even in the rare times my children will receive something. I guess I am trying to figure out if my kids, his first born children are entitled to more support from him?

Does anyone have any case law studies that I can look up and possibly mention in court when I speak to the judge?

thanks for any help you have to offer

[Kitty C.]

If you're talking about claiming them on your tax return, it's 'he who files first, gets'.....unless you have something in your CO that specifically states who gets to claim the kids.  In that case, you have to follow the CO.  It has nothing to do with who's first born when comparing to another child by someone else.

[greeneyebutafly]

Hi, no I am talking about filing for Child Support

[Giggles]

Typically the First FILED gets the most which is probably why your children only get a smidge of what the first CS gets.
The reason I say typically is because if the first order is an older order based on out dated income information, subsequent filings could be more.  That happened in my case.  My X had been orderd to pay CS for his son and we had a daughter.  When we split and I filed for CS, my order was larger due to him making more $$ at the time.

Hope this helps!!

[greeneyebutafly]

I see, thanks for that info. I guess I am trying to get the best/most I can for my kids since they have gone without for so long. I would hate that they would have to play second best being the first. I did just remember though, when I first had them, I relied on the state for help and received welfare. In that process I received child support. Since then I dropped the case when I got off it (biggest mistake I ever made was to drop that), I still have an older child support number, I wonder if the courts will recognise that? hmmm. Wish me luck I am filing papers today to get this through probation first.

[ninapook]

Most states, including NJ, are first filed. Point being, law enforcement, judges, etc. are not family therapists, they are not in a position to decipher "who shot John" for lack of a better term (old fans of Dallas might get that reference).

Even if you have a situation where a child was fathered by a man who is already married, if he has older children through that marriage, most state guidelines do not even allow for those children to take precedence over the child who has been fathered out of wedlock. Even with the most die-cast prenup, that's a person-to-person contract, most states do not allow those to take precedence over state's presumption of responsibility.

Reason being: the state does not want to pay for that child, if that child were to ever end up on state aid of some form. The state presumes the father will either stay married or at least financially support the children he fathered within wedlock. Unless the wife files for divorce and requests child support before a paternity suit is filed, her children with her husband will be "next" in line, if a paternity suit is filed against him, thereby initiating the "first files first" process.

The only thing that absolves a man of this in NJ is a prenup. Even with a prenup, the wife will get set amount of agreed upon assets, but only after the child support obligation for a prior dependent is deducted, IF the custodial parent in that case files first.

Most states presume that, if/when a summons is served, then that given NCP knows (s)he has a dependent in this world. The presumption is then put forth that any future child(ren) are in addition to, and not instead of, existing child(ren).

[gemini3]

Child custody, visitation, etc. cannot be included in prenuptial in New Jersey, or any state.  Prenups containing provisions for these items are deemed invalid.  New Jersey has statutory guidelines in the NJ Uniform Premartial Agreement Act that prohibit a prenup from adversly affecting either party's obligation to pay child support.