Question:
My wife, whom I am separated from, is about to receive a substantial lump sum payment of child support arrears owed by her ex-husband.
Since I supported her and my stepchildren all those years when she was not receiving her child support, am I entitled to any of this back child support money she is receiving?
Answer:
I am unable to give you legal advice on divorce. I can only give general divorce help for men, though, my knowledge is based on Missouri child support laws where I am temporarily permitted to practice.
Unfortunately, while you obviously made significant and noteworthy efforts to help your wife’s children, you are not entitled to the arrearage amount that she receives in child support.
The purpose and use of child support funds, according to the law, is very clear and solely to provide for the child or children’s needs. The fact that she is receiving a lump sum amount in theory is to pay her back for having fronted the money to pay for her kids.
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Since you and your wife are still married, your money is considered hers, and any money you gave her to pay for her kids, while certainly a nice gesture, does not make you entitled to the back child support money that she receives.
Remember, I am unable to provide you with anything more than divorce tips for men. Consult with a local divorce lawyer for specific legal advice on divorce and child support laws.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jennifer de Lyon Stralka, a St. Louis divorce lawyer, contact Cordell & Cordell Law Firm.