Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am a single working parent and I have a teenage child with ex- husband. The ex has been happily married to new spouse who is an Army Sergent who has a steady income. I want to know if it's worth fighting and going to court to see if new spouse income could be factored into the child support calcualtion. This would give the ex no excuse that he has no money. If new spouse loves him enough to take care of him, give him a place to live, and her car to drive, then her funds should be factored into child support. No I am not looking to get an increase I'm just looking for ways to get him to do what is right. Surely if I was to remarry my new husband and my income would support my child and no need to go to court for that this would be automatic. That's why I believe the new spouse's income should be factored in child support. The ex and new spouse should do the same and provide income for my daughter. When 2 people marry they become as one. If ex has an obligation to provide for his daughter and fails to do so then the new spouse should share in this responsibility since the two are now one. I just notice how ex's are jumping ship in not taking care of their children and living it up by being taken care of by their new spouse. If there was a law that stated new spouse's income would be highly considere and /or included for the dead beat parent's financial obligation (child support), they would think twice about marriage or they could encourage the deadbeat parent to become responsible!
What are your thoughts?
Ms. Honey, it depends on the laws of your state.
I hope by now you have contacted an attorney and/or the child support enforcement agency in your area to find out if your ex's spouse's income can legally be tapped to meet his child support responsibilities.
See # 11. "If you voluntarily reduce your income or transfer assets or income to your spouse, the assets of your spouse may be deemed to be available to you for purposes of determination of your own support obligation. However, before liability will be imposed on a non-parent spouse, court proceedings are required to show unusual circumstances rendering that person liable."
If he is living off his spouse's income instead of working, this would seem to fall under "voluntarily reduce your income" guidelines.
It appears he has found a Sugar Mama. Good for him. However, you still have a child to raise and you need his court-determined child support to do this.
It makes no difference what the people on this thread believe, it depends on what the court determines.
So what happens if the non-custodial parent (who pays child support) quits his or her job because their spouse can comfortably support them? And let's say this new spouse makes a LOT of money. Is the non-custodial parent now completely absolved of paying child support since they individually have no income (yet just for the sake of argument, let's say they live a lavish lifestyle)? That's a pretty huge loophole. I think the issue is a bit more complicated than some folks here are making it. I don't know exactly what the answer is, since I too have an issue with going after a new spouse's income, but it seems just as bad to let deadbeats use this as a way to stop supporting their kids.
I know the answer (or at least the answer in the case of a couple of friends). A parent is not relieved of their child-support obligations because they quit their job. As an example, let's say that child support for one child is 20% of gross income (the case in Texas) and the non-custodial parent was a professional engineer making $100k/yr. That's an obligation of $20k/yr. Let's say they remarry and become supported by their new spouse (or just quit their job to live under a bridge). The judge is typically going to continue holding them liable for $20k/yr because that is their earning *potential*. They *chose* to quit. They would have a heavy burden to demonstrate to the judge that they are simply incapable of earning in that range any more.
We don't need a law. I'm sure Paris can motivate the mother to willingly give up custody.
Good luck with that. LOL. LOTS of parents would never give up full custody of their kids no matter what. Some are never going to settle for anything less than joint custody unless forced. And courts tend to favor the children having a relationship with both parents, and are notoriously loathe to remove kids from their mothers especially even when they probably should.
Quote:
Originally Posted by Hopes
That's different. The actual parent is wealthy. We're talking about if the step-parent is wealthy.
But that's the point. If a rich biological parent isn't automatically granted custody by virtue of their income, what makes you it would automatically happen in the case of a rich step parent? It won't.
Kevin Ferdiline had 2(?) kids by a TV actress when he married Britney Spears. The actress wasn't poor but she wasn't rich either. Kevin was a dancer that worked sporadically. Guess who paid large child support checks for Kevin's kids? Britney. Why? Because once he married her, his household income had changed dramatically. He went from working spordically as an entertainer to living full time as Mr. Spears. That's the logic followed in some states. His lifestyle had changed, so his kids were upgraded accordingly. The mom did not send her kids to live with Kevin.
Now, IN THE OP's PARTICULAR CASE I don't know if it's appropriate because as has been said, army sergeants don't make all *that* much, and the OP was not very clear how well she's doing raising the daughter on whatever income she already has. All I'm saying is that I would not dismiss the idea outright because every case is different and can imagine a scenario where the disparity is so large that it would be nuts (IMO) not to take the spouse's income into consideration.
I am a single working parent and I have a teenage child with ex- husband. The ex has been happily married to new spouse who is an Army Sergent who has a steady income. I want to know if it's worth fighting and going to court to see if new spouse income could be factored into the child support calcualtion. This would give the ex no excuse that he has no money. If new spouse loves him enough to take care of him, give him a place to live, and her car to drive, then her funds should be factored into child support. No I am not looking to get an increase I'm just looking for ways to get him to do what is right. Surely if I was to remarry my new husband and my income would support my child and no need to go to court for that this would be automatic. That's why I believe the new spouse's income should be factored in child support. The ex and new spouse should do the same and provide income for my daughter. When 2 people marry they become as one. If ex has an obligation to provide for his daughter and fails to do so then the new spouse should share in this responsibility since the two are now one. I just notice how ex's are jumping ship in not taking care of their children and living it up by being taken care of by their new spouse. If there was a law that stated new spouse's income would be highly considere and /or included for the dead beat parent's financial obligation (child support), they would think twice about marriage or they could encourage the deadbeat parent to become responsible!
What are your thoughts?
Does it make sense to continue to beat a dead horse? Unfortunately though you may be right about his character you cannot change him.
Legally you could make case to include his new spouse's income in child support calculations. The outcome of your case will be decided by numerous factors which include:
-how your ex and his spouse file taxes ...jointly or separately;
-the length of time you've been divorced;
-the gross income of your ex-spouse;
-the number of kids your ex-spouse has to support;
-your gross income;
-the actual physical hours you spend "care-taking"
-the monetary needs of your kid
And most importantly..the side of the bed the judge woke up on the day your case is to be heard as well as how much he likes your lawyer.
Massachusetts is extremely supportive of mothers but very harsh on those who abuse the system. I know of a case where a woman lost full custody of her kids as she had filed for a support order change once she heard her ex had married -1year after the divorce nisi. Instead the judge read her files out loud in court and noted that she had been battling fervently with her ex since the date of initial legal separation until the divorce which took place 3 years later due to various legal issues she brought up. The judge summed it up acknowledging that she had spent 4 years of her child's life bringing her ex to court instead of 4 years of her children's life guiding them in growing up. He advised her publicly that her ex-husband deserved happiness as he was human too and that she was beating a dead horse. He thereby reversed a previous order of sole custody to joint custody . Ouch!
It's not to say that one should not seek child support but rather to always proceed within reason. The family courts of Mass are set up to protect mothers from child abandonment. And as already noted..your ex could owe child support on earnings potential and be charged accordingly. Though legally you could make a case rationally I doubt any family judge today will award you more monies.
I am a single working parent and I have a teenage child with ex- husband. The ex has been happily married to new spouse who is an Army Sergent who has a steady income. I want to know if it's worth fighting and going to court to see if new spouse income could be factored into the child support calcualtion. This would give the ex no excuse that he has no money. If new spouse loves him enough to take care of him, give him a place to live, and her car to drive, then her funds should be factored into child support. No I am not looking to get an increase I'm just looking for ways to get him to do what is right. Surely if I was to remarry my new husband and my income would support my child and no need to go to court for that this would be automatic. That's why I believe the new spouse's income should be factored in child support. The ex and new spouse should do the same and provide income for my daughter. When 2 people marry they become as one. If ex has an obligation to provide for his daughter and fails to do so then the new spouse should share in this responsibility since the two are now one. I just notice how ex's are jumping ship in not taking care of their children and living it up by being taken care of by their new spouse. If there was a law that stated new spouse's income would be highly considere and /or included for the dead beat parent's financial obligation (child support), they would think twice about marriage or they could encourage the deadbeat parent to become responsible!
What are your thoughts?
Simply put, the world doesn't owe you, or your daughter anything. Your grievance starts and ends with the father of your child, with whom you share responsibiity to raise your child. That doesn't give you justification to covet and seek to obtain the property or income of other parties that your baby-daddy is involved with.
If someone is taking care of him, then more power to him... if the baby-daddy doesn't have to pay for food, rent, or gas then that should free up lots of disposable income for him to make child support payments.
Your true issue is getting him to pay. Using his lifestyle as a justification for you to recieve more cash from unrelated parties (i.e. his new spouse) basically amounts to greed. The only way that a maneuver like that should be allowed is if the step-mother can turn around and force you to share custody of the child in return for her share of child support.
Tit for tat. Perhaps that might cause you to rethink your actions a little bit?
Simply put, the world doesn't owe you, or your daughter anything. Your grievance starts and ends with the father of your child, with whom you share responsibiity to raise your child. That doesn't give you justification to covet and seek to obtain the property or income of other parties that your baby-daddy is involved with.
If someone is taking care of him, then more power to him... if the baby-daddy doesn't have to pay for food, rent, or gas then that should free up lots of disposable income for him to make child support payments.
Your true issue is getting him to pay. Using his lifestyle as a justification for you to recieve more cash from unrelated parties (i.e. his new spouse) basically amounts to greed. The only way that a maneuver like that should be allowed is if the step-mother can turn around and force you to share custody of the child in return for her share of child support.
Tit for tat. Perhaps that might cause you to rethink your actions a little bit?
Your ex's spouse is not responsible for supporting your child and has no bearing on the calculation unless you want to give your child up for adoption to her. Seriously, my goodness. No wonder women get a bad rap in a divorce.
Some men expect the exact same thing. I happen to know lots of step fathers who support their step children. It happens both ways.
Not that I think it should be this way. A child is the responsibility of their biological parents, but families are often complicated.
MA is brutal in regards to second marriages and exes/children. My SIL and her new husband to be waited until both his children were adults before they planned their wedding because of this very thing.
Some men expect the exact same thing. I happen to know lots of step fathers who support their step children. It happens both ways.
Not that I think it should be this way. A child is the responsibility of their biological parents, but families are often complicated.
Step parents supporting step children is totally voluntary. They have no legal or financial obligation to support a new spouse's child. Of course there is always the moral part, especially if they are married. A child is the responsibility of those who created them.
Step parents supporting step children is totally voluntary. They have no legal or financial obligation to support a new spouse's child. Of course there is always the moral part, especially if they are married. A child is the responsibility of those who created them.
I agree with all that you assert, but I do disagree with the above posters assertion that this is a female idea that gives women a bad name. It is a gender less idea, as a few men and women think the same way as the OP.
Some men think their kids should be supported by their exes new spouse. ( and vice versa)
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
