My ex-husband is trying to have my new husband's wages included in the child support calculations, so he will not owe any child support for his 2 kids. Can he do this?
By Nikki Z.
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It is your ex-husband's responsiblity to support his kids, not your new husband. From what I have always heard a new spouse's income can't be figured as income, in order to decrease the responsibility of the kid's birth parent. Call your local child support enforcement office and discuss this with them.
What I have heard about spouse's income not being used to decide the amount of child support, comes from people who have had the experience, and that isn't heresay. You don't have to call an attorney all you have to do is call your local child support enforcement office and that is free.
No, he can not. The only way he can get out of paying child support is to sign away his parental rights to your new husband, if the new husband is willing to adopt the children.
Madam, you need the advise of a attorney that deals in this type of law. You do not need the advise of someone that heard the income can't be included.
Foxrun, no it is not based on heresay! Child support is "determined by the income of the person required to pay support" and not the other way around! Even in the very few states that do allow the combined income if an ex-spouse has remarried the overall factors will be taken into account and not just the new combined income.
And you don't need to pay an attorney because the family courts always deal with this and it's free!
The only way the amount you pay for support can be reduced is if your own income has lowered "greatly" and even then judges are, more often than not, not sympathetic to your loss of income and the support amount remains the same because "you" helped bring the child into the world.
Actually, Nikki, your ex trying to get away with not paying support might be cooking his own goose because the judge can rule to increase his payments - LOL ;-)
I don't know who told you this but child support is determined by the earnings of the one the courts told to pay it. You didn't say but my guess is that your ex has said that to you but has not actually done it. He will find out that he can't do it.
It never ceases to amaze me what ex-husbands will say or do to get out of paying their child support payments. The guy must have up all night thinking this one up.
Ask your attorney. Also,most states have a division of the DA's office that deals with child support.
"Foxrun, no it is not based on heresay!"
Of course, you are going into court and your defense is someone posted on Thriftyfun what happened to someone. It is heresay and not admissiable. NikkiZ. needs the advise of an attorney.
I am laughing so hard right now! I don't think Foxrun understands that you really don't need to have a lawyer in order to present or defend your case in front of a judge for child support issues.
All you need is to go to the courthouse and tell the clerk what is happening and they will give you the proper court paperwork to fill out along with written instructions or in your case with your ex taking the initial action you will be notified by the court of the hearing and you can present your side of the case and talk to the judge directly at that time. It's totally silly to pay for a lawyer when it isn't necessary. That is money that could be going towards the children instead of giving it to a stranger who charges big bucks. And even if you pay for a lawyer the decision is going to be exactly the same anyway.
As someone else mentioned here you can also get a free consultation from child support lawyer specialists. If that would make you feel more safe then call to make an appointment with at least two different ones and make sure the consultation is free. Go prepared with a list of questions and you'll learn alot in that short period of time. Also, know they will try to pressure you into hiring them so just let them know you'll sleep on the idea.
"I am laughing so hard right now! I don't think Foxrun understands that you really don't need to have a lawyer in order to present or defend your case in front of a judge for child support issues."
I'm laughing also. What I am saying that you don't understand is Nikki needs the advice of a lawyer. Didn't say she needed one to represent her in court. Read my earlier response.
In all fairness, Foxrun, I'll say you did indeed use the word advice but you did not make it clear that Nikki didn't need to 'hire' and/or 'pay' an attorney ;-) And I still stand my ground that it is not heresay. You do not need to talk to an attorney. You can simply talk to the clerk of the appropriate court. They can't give you advice but they are trained to help and guide you in the right direction.
Well Deeli, let me see if I can clarify my response.
Nikki is asking "My ex-husband is trying to have my new husband's wages included in the child support calculations, so he will not owe any child support for his 2 kids. Can he do this?"
Questions similar to Nikki's pop up on this board that I believe are best answered by an attorney. Many responses are of the format "this happen to my best friends, nephews, aunts, hairdressers, next door neighbor and this was the result."
Now how could Nikki go before the court with that type of an argument and expect a favorable outcome. For that reason I refer to those responses as heresay. Now, part of one of your responses "simply talk to the clerk of the appropriate court. They can't give you advice but they are trained to help and guide you in the right direction." I find interesting.
Could the right direction for the clerk, as they are prohibited to give legal advise, be talk to an attorney. As you stand by your responses so I stand by my response. Seek the advise of an attorney.
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