Call 914-368-7580 now to schedule a 20-minute Case Assessment or full 50-minute Case Strategy Consultation!
Call Today 914-368-7580

Mother is demanding child support but I'm already supporting another child - what to do?

Sometimes a father is sued for child support - or threatened to be sued - demanding support despite already supporting a child from a previous relationship. There's a couple of options here to ensure proper credit.

Prior Support paid pursuant to order/agreement
If the support you are paying is pursuant to a prior order or prior valid, written agreement (usually a "stipulation of settlement" or "separation agreement"), then you can bring that prior order or agreement with you to court. So long as you also bring proof you are actually paying support pursuant to that prior order or agreement, you should get a credit. The credit works by subtracting the prior support amount off one's adjusted gross income before calculating support for the subsequent child.

If you don't have a prior order/agreement
If you do not have a prior order or valid, written agreement, then try to get one in place before the mother of the subsequent child files for child support. If you do an agreement, make sure to have it drafted by an experienced Child Support lawyer, as not "any old agrement" will do. If the subsequent mother has already filed, then the only way you can get credit is to claim (if it's the case) that after subtracting the support order for the subsequent child, the prior child will not be left with enough money to minimally support that child.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
19 Court Street
Suite 206
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3190 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions