It's probably illegal but...
I just had a thought after SS4's ex-stepsister (Babydaddy#2)'s mom told me that she recently took BabyDaddy back to court and the court calculated child support without considering Spawn (BM's second child/SS4's brother) because even though he was giving her money, it didn't go through the court so it wasn't "official".
Can a married woman (not separated) file for child support from her husband? It's probably evil to even think like that but I've read so many times how the child support is so ridiculous that the other children end up losing out. So I wonder if it is illegal. It really has to be. If I were to file for support from husband, even though we are still together, that would mean he would have to give me say 200$/month and then if BM ever took him to court afterwards for child support (she doesn't have primary now and won't in the near future so this is just hypothetical) that 200$ would be calculated in already for BioBaby so his finances would be more accurately portrayed and split more evenly. I can see the holes in this though, some "2nd wives" might ask for so much that the Skid would be left with nothing which would be wrong but I was just thinking about this from the situation where Babydaddy2 could count the financial existence of his subsequent kid with BM because there was no child support ordered.
We would never do this in reality. We aren't that hard up and like I said BM isn't in a position to take DH for child support now.
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most states don't recognize
most states don't recognize common law marriage, so it's really just that dad has been ordered to pay child support to the baby momma like any other baby daddy - it's just that they live together.
I guess another argument to not have kids out of wedlock??
okay, but it's still not a
okay, but it's still not a legal marriage, and as such, the state would consider them unmarried and require a support order from baby daddy to baby mama.
No in Texas once established
No in Texas once established it is a legal marriage.
No - there are only a handful
No - there are only a handful of states (less than 10) that authorize common law marriages. Some did prior to a certain date - but most of those dates are decades ago.
But some states that do not authorize common law marriages within their own state will recognize common law marriages that took place in a state that did allow it. But not all. It's a convoluted mess.
From what I have seen a common law marriage never just happens because you live together. The parties must present themselves as married - both parties. And be legally able to marry. And live in a state that recognizes common law marriage.
Yes! I did when I was in the
Yes! I did when I was in the process of getting divorced. We were still legally married but living apart!
Not a lawyer and have no
Not a lawyer and have no experience here. But have seen on other boards where women whose husbands have fathered a child outside the marriage have been encouraged to file for CS first.
If my DH fathered a child with another woman (impossible as he's been snipped since 2 weeks after discovered that SS30 was conceived) and I had children, I probably wouldn't be filing for CS or for divorce as he would be dead and I'd be a widow.