No, how can you. If you are living with your spouse and both of your incomes are going into the house and the kids, and you aren't divorced and living in separate homes then it isn't possible. Child support comes from the parent that isn't living or caring for the child.
I understand...my husband has 4 children from a previous marriage... She has managed to manipulate the system into believing every word she says.. We now have a 19 month old daughter and still can't get the support to be reduced...she has called social services on us, she constantly tells the kids that I hate them and I'm mean...he only has enough to pay for his half of the rent.. Everything else is covered by me(groceries,diapers, and clothes for our daughter)...I don't want him to stop paying I just want what is fair for our daughter and that is why I also want to know if I can open a child support case while we are married and live together????
Thank you winter2007. Child support is not just money handed to the 'custodial' parent by the husband, as the husband can be named the custodial parent if he can show he is better suited to be the active parent to the child. Child support is money paid by the non-custodial parent to the custodial parent to ASSIST in maintaining the quality of life for the child's sake, not so one parent can get some court-ordered spending money. If you are residing in the same home as he is, and his money is already being used to pay for home, food, clothing, medical for the child, THAT is your child support. And unless you make significantly more than he does, it's assumed that his maintaining of the house and home is more than ample support. Child support is called that because it's for the CHILD'S benefit, not her mothers'. What you want is called alimony, and since you are still married, you have no grounds to demand it. You will not be able to get the court to force him to give you money just because you want it. He works for the money you live on, if you feel you want more, go get a job for yourself. You'll feel less vindictive and more fulfilled knowing you EARNED your money instead of having had some court STEAL it for you. Once again, sorry if I've ruffled any feathers on this, but come on! Have a good day.
I am in the same situation as above...my husband has a child from a previous relationship and more than 50% of his income goes towards child support, medical insurance, visitation expenses (she just moved almost and hour and a half away and he is responsible for all visitation expenses 5 times per week)...the rest of his income goes towards his work truck and insurance for that truck...without it, he would have no job. He is currently making the equivalent of $18 per hour (thank you rotten economy) and he contributes nothing to our household...he can't. I work 3 jobs and pay all of the bills and support our child 100%. We have tried since November to get the order changed, but she keeps having it continued or she's lies about the parenting percentage (my husband has 45% and she has 55% per a court order, but she states my husband doesn't pick him up, etc...). I don't want him to ever stop supporting my stepson, but I need some help. My daughter doesn't have a Mother because I have to work so much to keep us afloat...my Mother is practically raising her and there are days when I only see her for 10 or 15 minutes. This isn't fair & I don't know what to do? How is it that the court can pull priority on one child and not the other?? I love my husband, but I may file for divorce.
