From what you’ve posted, I don’t think you have a leg to stand on.
If there was an actual child support order (w/ 1st ex) entered (and modified in September), it might be a different kettle of fish.
But since there is no order there, I don’t think you have grounds (or at least have not demonstrated them) to be released from your separation agreement that you (apparently) willingly signed.
IMHO, you will be compelled to pay your second wife, and (depending on the language of your separation agreement) be required to pay her attorney’s fees, as well.
If you have a signed and notarized legal agreement between you and your soon to be ex Wife, she can go to court and obligate you to perform under the Agreement. You may want to review the Agreement with an attorney to see if there are any provisions that allow you to stop paying.
Helena M. Nevicosi
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My stbx wife and I separated 6 months ago and we signed a separation agreement and had it notarized, It included spousal support.
In September I stopped paying her because I started paying my 1st ex-wife child support since I was no longer keeping my kids a portion of the time. My 1st ex-wife and I don’t have a court ordered child support amount and as a matter of fact our court order states neither is to pay child support while that order is in effect.
As for my STBX wife, she has served me with Breach of Separation Agreement complaint papers asking the court to make me back pay her and force me to perform under our agreement and I can’t afford that amount anymore and frankly I don’t want to pay it.
Can I get out of my separation agreement? Do I have to pay my STBX or can I fight this with courts since I agreed to pay my childrens’ mother support??? Will a judge make me pay my 2nd wife or not?