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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.
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. Granted things might be different in different states, but I don't think so, because the child support collection rules are supposed to be national.
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.
I am going to be marrying my soon to be husband and he is on SSI and has kids that he sees once a month. He went to the courts before I met him and they ruled that he did not have to pay child support.
Many state laws are different on this subject so you will need to find out how/what laws will come into play when you get married or maybe even if you are just living together (and how long together etc.).
Some information can be obtained through state agencies but an attorney who specializes in this would be so much better as this is something that could make a very big difference in your lives.
I have heard of a person getting married to someone on SSI that has not had to pay support and the ex returned to court and the judge reevaluated the income AND included the income of the spouse and that included any SS benefits.
As all the respondents have suggested - get an attorney in your state - no matter the cost.