Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘My girlfriend and I have recently decided to get married. I have 2 children from a previous marriage, and she has 2 children from a previous marriage. Her kids live with us because she is the custodial parent and my kids live with their mother because I am the non-custodial parent. My child support order requires that I continue to keep health care for my children. We both currently work at the same place, and are both paying for health care. She is retiring soon, and I’ll be adding her and her 2 sons to my health insurance because she won’t have our company’s health care any longer. Her former spouse hasn’t paid anything that he’s supposed in accordance with their child support order, i.e. child support, half of the after school care, and half of health care. Is there anything that I can legally do to try and recoup something from him?’
Question: In theory, once you are married, you could possibly sue him in civil, or small claims, court in order to recoup your costs for supporting his children, however that would be a novel and very uncertain and round-about way to go about it. It makes a whole lot more sense for your girlfriend to go back to court to have the Court enforce the order. In fact, in nearly all, if not all, states, each county has an office within the District Attorney’s offices devoted entirely to enforcing child support orders. Why not use the system that is already in place and likely free?
