RE: Calculating Child Support
I hate to say this, but the CSEA takes all household income into account when calculating his obligation to his children. Regardless of whether he pays or not, or whether the children's custodial parent is responsible with the CSEA check, he still rightfully owes it. The CSEA can garnish your tax returns if he's behind. You'll have to file an Injured Spouse Claim Form (I think it's #2754) as long as he's in arrears.
No, it isn't fair, and a lot of guys I know (my own father included, in IN when I was a child) manage to bypass this. The child support law is one of several reasons my middle son is appealing to our county for custody of his son. Our oldest just prefers to make his new love help him survive while half his paycheck gets split between the mothers of his first two children.
I'm sorry you ended up with a jerk who wasn't up-front with you. Hope things work out for you!
Posted on 01/30/2009 | Report Spam or Abuse
RE: Calculating Child Support
My ex-husband had outstanding child support when we married. I wandered into that and ended up paying it for him in order to clear up debt after our divorce or risk ruining my credit rating! Thank the good Lord we didn't have kids! When I married again, years later and wiser, we ran our credit reports and criminal history (or non-criminal history!) for each other just so we knew exactly where we stood before we started. Lots of folks thought that was un-romantic, but so was paying $40,000 in debt that I had nothing to show for! Learn from your mistakes, my 2nd husband didn't blink and eye when I told him that he would get my complete history on paper and I would like his. He's a keeper!
Posted on 01/30/2009 | Report Spam or Abuse
RE: Calculating Child Support
It works the same as the IRS and all other agencies ... Here is my story:
1984: Bride of two weeks (former husband for sure within five years after) when an IRS agent showed up at the door and told me my new husband had not filed nor paid taxes for three years :-o I had no clue and shrugged my shoulders and told the agent it was my husbands problem ... I was quickly informed otherwise :-0 Well, since I married him it became my debt, too, and they were huge monthly payments because it was based on both of our incomes because we were married :-(
I can't help but ask if your husband told you he was behind on child support before you were married ... I had no clue that mine owed taxes :-( Needless to say I wasn't a very happy camper but the law is the law and when it comes to money and debts (except previous credit cards or personal loans in his name) it's considered a joint debt :-(
I feel badly for you but at least try to think positive that this money is for the children and who knows how much they or their mother has suffered because the payments weren't originally paid on time ...
Posted on 01/30/2009 | Report Spam or Abuse
RE: Calculating Child Support
Ooohh. Ouch, yeah, that is how the law reads in MI also. However, your husband knew he owed back support. I am so so so sorry, but children deserve to be supported. What was he thinking? The little buggers need to eat three times a day! He should of discussed this little financial skeleton in his closet and gotten it straightened out before he drug you into it.
Posted on 01/30/2009 | Report Spam or Abuse
RE: Calculating Child Support
I'm guessing that they have to include your income because it affects how much your husband can pay out. If he wasn't married and had to live on one income, he'd have less money to give to his kids. Because he's married to you, he's living off two incomes and therefore will have more money available to support his children.
I also worry when you say things like "it's not my debt," because in many places when you marry someone, their debt becomes your debt. Not sure if this is true where you live or if it applies to child support, but now that you are married you may want to look into just how separate your finances really are.
Posted on 01/30/2009 | Report Spam or Abuse
RE: Calculating Child Support
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By Carol in PA (Guest Post)
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I dont know anything about this. However, I am wondering if the Magistrate really knows these are not YOUR kids. I had to read your question a couple of times before I realized what you had said. Please be sure to put that right in the front when you are discussing the problem with anyone.
From what I understood you to say, your husband had these children when you married him. However, under the law you may be considered their mother if their real mother is no longer alive or if you adopted them. Otherwise, I dont see how you can be responsible for their keep in any way shape or form.
Best wishes always. I sure hope you get the help you need.
Posted on 01/30/2009 | Report Spam or Abuse
RE: Calculating Child Support
I would say that is how the law in Ohio has been written. It most likely is true in many other states. Here is an example of a law in Maine. A married man who lives in New Hampshire but works in Maine has to pay state taxes to Maine. If his wife works in New Hampshire her income has to be included in his income for Maine taxes. Doesn't seem fair but folks in this catch 22 have taken the case to court and lost every time. You could investigate the law with an attorney but I wouldn't spend to much money on the attorney.
Posted on 01/29/2009 | Report Spam or Abuse
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