WIll I be responsible for my Husbands child support? (Orange: sale, mortgage) - Orange County - California (CA) - City-Data Forum

nevada1427 · 07-26-2008, 07:23 PM

Just curious if any body knows, I've been trying to find out without having to pay a lawyer. So here's the deal. My soon to be husband has two children from a previous marriage. He pays child support for his children who live full time with their mother in Colorado. My question is, since she has found out about our future marriage she has told others of her intent to take "US" to court in order to get more child support because my income is triple what my BF makes. Is this legal? Do I need to be worried? Any information you provide is appreciated. Thanks =)

Reivax · 07-26-2008, 08:51 PM

I've been in what you describe. My divorce was in Orange County, so double-check with someone in the county and state where the divorce was filed.
As for me, no, ex couldn't include my new wife's income in the total that determined the support, and no, she (or any other creditor, for that matter) has no right to touch your income.
But, if you want my advice, keep your money separate from his. Especially if he has debt from before your marriage.
Because even though the creditor has no right to your income, if the funds are mingled and the creditor has a judgment against your husband, your money will be taken. Maybe eventually you get it back, but who knows when that would be.
Keep in mind that this assumes you both work full-time, that he earns now what he was earning before the divorce, that it's not obvious and/or easily provable that he/you are trying to circumvent things, if that makes sense.
Good luck!

bhcompy · 07-26-2008, 11:05 PM

i would definitely see a lawyer. if you make triple your husband its probably good enough money get a consultation or if you work for a medium or big company it probably has legal services already that can give you a free consultation

oc2nyc · 07-27-2008, 01:24 AM

I know that in the state of CA only the income of the parent is considered when calculating child support. Basically it doesn't matter how much a new spouse makes it is based on what the parent of the child/children makes.
I could not take my ex back to court just because he married someone who made a lot of money. His income is the only income used when the court decides child support. His wife could be a millionaire and it would make no difference. In the same instance I could marry a millionaire, not work, and he would still have to pay me child support based on what my income had been when the custody arrangement was made. My husband's income would not enter the equation any more than his wife's. In short the parents are responsible for their children financially. Of course there are plenty of people who live a better lifestyle due to their spouses income and sometimes the kids benefit from it but that does not mean their parent does not have to pay support for them. I am not sure what the laws are in other states although I assume they would be similar. If you do not want to pay for an attorney try going to a mediator, it is less expensive and they know the laws well enough to help.

ricardo750 · 02-01-2010, 07:59 PM

My fiancee and I are planning to get married this summer; however me & my ex-wife have not settled the sale agreement of the home we shared. My question is, if my ex fail to pay the mortgage or loss the house, will that deragatory information affect my new wife in anyway? Also, can a prenuptial agreement protect my new wife from such circumstances?

Clarks · 02-01-2010, 08:03 PM

Nevada If you are not the biological parent, you have no standing, and your income is not part of the calculation. CA uses the Dissomaster, if Colorado uses the Dissomaster the support is a settled issue, no if ands or buts.

Ricardo, you have your credit number, your fiancee has hers, they won't commingle on your divorce issues. Remember, if your ex allows the house to be repo'd and cannot pay, or declares bankruptcy the entire debt becomes yours.

Get a lawyer

screwed · 04-29-2010, 04:37 PM

Hate to break it to everyone but just two days ago a judge said that he would consider my income in terms of support for my husbands kids and require me to contribute whatever my husband cant cover. The judge said we were married so he could consider it common property and include my income in his judgement and that is exactly what he ordered. I had no oppurtunity to explain my situation, the fact I have my own daughter to support and my own educational expenses. And let me be clear, I dont make much more than his wife does, so its not just a case where I make so much more money that it should matter. I can hardly afford my own stuff. I also found out that because I'm not a named party in the case, there is nothing I can do about it.

Mr. Fantastic · 04-29-2010, 04:54 PM

That sounds illegal and stupid.

sjcres · 04-30-2010, 01:17 PM

Quote:

Originally Posted by screwed

Hate to break it to everyone but just two days ago a judge said that he would consider my income in terms of support for my husbands kids and require me to contribute whatever my husband cant cover. The judge said we were married so he could consider it common property and include my income in his judgement and that is exactly what he ordered. I had no oppurtunity to explain my situation, the fact I have my own daughter to support and my own educational expenses. And let me be clear, I dont make much more than his wife does, so its not just a case where I make so much more money that it should matter. I can hardly afford my own stuff. I also found out that because I'm not a named party in the case, there is nothing I can do about it.

And this is in Orange County? I would keep my finances seperate (which I do with my husband). I remember reading somewhere that if you re-marry and or have more kids, that perhaps child support can get reduced due to having more people to care for. Either way, I'd consult with a lawyer or search for message boards that give legal advice.

Curmudgeon · 04-30-2010, 06:56 PM

Quote:

Originally Posted by sjcres

And this is in Orange County? I would keep my finances seperate (which I do with my husband). I remember reading somewhere that if you re-marry and or have more kids, that perhaps child support can get reduced due to having more people to care for. Either way, I'd consult with a lawyer or search for message boards that give legal advice.

I divorced the ex in 1994 then remarried in 1996. The ex had never worked outside the home and we still had two minor daughters for whom I provided child support. My wife did work and her inclome, which was close to mine, was never factored in. This was all in California. Unless the Family Code has changed drastically I think you're safe, but I would certainly consult with a family law attorney to make sure.