If I file for child support and my baby's father is married, are the both of them still responsible even though she's illegal?

Asked over 5 years ago - Boston, MA

My baby's father married an illegal immigrant while I was carrying his child and now we hardly get along and our daughter is 7 months old now and he just doesn't help me out at all. He actually tells me that he has to take care of home first and when he does get her things he asks me what does she need. He should already know what our daughter needs, and I shouldn't ever have to run out of the regular milk, diapers, wipes, water, food, and clothing, etc...He has actually put his illegal wife first before his own flesh and blood.He's only bought diapers 3 times and that was about it.

Attorney answers (3)

  1. Henry Lebensbaum

    Contributor Level 20

    Answered . While this is a choice, it is not the choice the court would make.

    You must file a paternity action to protect your and the child's rights His view misses his obligation.

    If you need help, contact me at 978 749.3606.

  2. Charles H Kuck


    Contributor Level 14

    Answered . Sounds to me like you need to contact a local domestic relations attorney to see child support.

    Best regards,

  3. Sarah M. Cross

    Contributor Level 15

    Answered . I agree. The status of his wife as a legal or illegal immigant isn't an issue as far as you getting child support other than potentially impacting the income he is assessed. You need to hire a local domestic relations attorney or contact your local friend of the court to get some paperwork filed. It isn't up to him to contribute when he feels like it. A suppot order will force him to pay child support on a regular basis or potentially face incarceration.

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