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Old 06-03-2010, 08:24 AM
 
1 posts, read 7,443 times
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My husband got someone pregnant and we are still married. A child support order has been established based on his imcome. We want to get joint custody of the child. Would my income be considered even if the child is not mine and the child support order is already in place. The judge never even asked him if he was married. We live in the state of mississippi. Some people say no...
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Old 06-03-2010, 12:10 PM
 
12 posts, read 137,179 times
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I've looked into this, based on my situation and the answer is no, only if there is no hardships. Meaning, if you husband had no job, and the new wife did, then they would possibly consider the new wifes income in the childsupport. I found this article that I thought was interesting
http://www.thurmanarnold.com/Blog2/2009/December/My-New-Wife-Works-Can-this-NEW-MATE-INCOME-Be-Us.aspx
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Old 06-04-2010, 02:01 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,191,995 times
Reputation: 21885
You can look up the California Code of Law from the state web site. Check out family law section of the code. The law is updated by the courts every four years. One update that came out of this had to do with spousal support. A woman wouldn't want to lose their support from the ex. So maybe they live with someone instead. That was changed. Now if one of the parties is co habitating the Spousal suport end's.

Here is the deal. Your income can not be used to determine child or spousel support in the state of California. Your income will be used by the courts to determine how much tax your soon2b hubby will have to pay when you are married. The good thing about your situation is that the more you make the better deal you can get in California. Chances are if the case was brought before the courts your guy would end up paying less.

Is this a California case or a Colorado case? Not sure what the Colorado laws are. If the disolution of marriage took place in California and the ex is taking him back to court in California then you are in the clear.

The funny thing about these cases is that many people seem to go off what their friends tell them or compare their situation to someone elses. The fact is that laws change to reflect the times. This time the law is on your BF's side. In Ventura County the courts have a self help center where you can ask about divorce and child support questions that you may have. You may want to check and see if Orange County has the same thing. They can clarify this for you.
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Old 06-04-2010, 02:04 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,191,995 times
Reputation: 21885
Quote:
Originally Posted by mrs telw View Post
My husband got someone pregnant and we are still married. A child support order has been established based on his imcome. We want to get joint custody of the child. Would my income be considered even if the child is not mine and the child support order is already in place. The judge never even asked him if he was married. We live in the state of mississippi. Some people say no...
I can only tell you how California law works. Every state is differant. You may want to consult someone that is knowledgable about the laws in your state.

He got someone pregnant and your not asking about how you can get support? Interesting. How did you feel about your husband sleeping with some other girl?
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Old 06-04-2010, 02:06 PM
 
Location: South Carolina
14,785 posts, read 23,950,501 times
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Quote:
Originally Posted by mrs telw View Post
My husband got someone pregnant and we are still married. A child support order has been established based on his imcome. We want to get joint custody of the child. Would my income be considered even if the child is not mine and the child support order is already in place. The judge never even asked him if he was married. We live in the state of mississippi. Some people say no...
Okay maybe I am reading this wrong but your husband got someone pregnant while married to you ? or maybe I m just reading this wrong but if he did get someone pregnant while married to you I would be running to an attorney and getting a divorce cause belive me this is only the tip of the iceberg .
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Old 06-11-2011, 11:31 AM
 
Location: Michigan
1 posts, read 6,635 times
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Quote:
Originally Posted by nevada1427 View Post
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 =)
I was wondering if u ever received an answer to your question I am in need of the same information and have been having the toughest time getting a response?
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Old 06-14-2011, 05:35 PM
 
484 posts, read 818,461 times
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What I can't understand is why some people voluntarily subject themselves to these problems, or how they overlook that their soon-to-be spouse has abandoned his or her children in another state.
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Old 06-14-2011, 08:01 PM
 
Location: Berkeley, CA
662 posts, read 1,274,313 times
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If you marry someone, you're income is essentially his, thus he's seen as being at a higher income level. If he pays child support, than basically both of you are responsible. for payment and lifestyle adjustment (the child's payments are often determined to give him an equal lifestyle as the richer parent).
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Old 02-16-2012, 12:06 AM
 
1 posts, read 6,111 times
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what if the man was married and had a girl on the side got her pregnant will the wife have to pay that child support......in the state of ca
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Old 02-20-2012, 02:24 PM
 
Location: Sputnik Planitia
7,822 posts, read 11,711,108 times
Reputation: 9044
Quote:
Originally Posted by lalalb01 View Post
what if the man was married and had a girl on the side got her pregnant will the wife have to pay that child support......in the state of ca
it's community income, there is no distinction between "his" or "her" income while married in California...the community assets are liable to pay for any outstanding liabilities acquired by either party while being married. In California once you are married anything acquired during the marriage is joint equally.

http://www.moranlaw.net/maritaldebts.htm

"In addition to the personal liability of a married person in a community property state, the community property is liable for the debts of either spouse incurred during the marriage."
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