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As others have written, the OP has not been back (it's only been 2 days, though).
I am very curious about this whole issue ... especially with teenagers who go on to become college students. ALL the colleges I have looked at (of course, that's not "all colleges"! ) require that stepparents' income be counted when determining financial aid. This doesn't seem to have changed much in the past 30 years or so -- at least, I remember when I was applying for financial aid that long ago, I couldn't get it because my stepfather made too much money (my mom made very little, my bio dad died when I was a toddler) -- even though there was no way in he11 I was going to get a penny from him (he wasn't mean, it just didn't occur to him when he married my mom that he might be requested to pay her kids' college expenses). The rationale seems to be, when you marry someone with kids, you DO share in the "burden" of supporting said kids.
I don't want to hijack this thread -- my question seems relevant, but if a mod wants to move it, that's fine!
So, lets turn this around the other way and say that the OP remarried and her new husband was making a lot of money to support her and her child. Because their "family income" is greater and the gap between her new lifestyle and the deadbeat ex-husband's is greater, does that mean she should get less money from him?
My biggest issue with child support is the one-sided way it is applied. For example, a friend of mine fought the courts for years to get custody of his daughter. During that time, he always paid child support and his ex kept taking him back to court every couple years for more. He finally won custody when the daughter became old enough to petition the court and live with him... and when child support was determined the ex wife was required to pay half the percentage of her income that he was paying previously, even though her salary was approximately the same (salary was about $8k less per year).
As others have written, the OP has not been back (it's only been 2 days, though).
I am very curious about this whole issue ... especially with teenagers who go on to become college students. ALL the colleges I have looked at (of course, that's not "all colleges"! ) require that stepparents' income be counted when determining financial aid. This doesn't seem to have changed much in the past 30 years or so -- at least, I remember when I was applying for financial aid that long ago, I couldn't get it because my stepfather made too much money (my mom made very little, my bio dad died when I was a toddler) -- even though there was no way in he11 I was going to get a penny from him (he wasn't mean, it just didn't occur to him when he married my mom that he might be requested to pay her kids' college expenses). The rationale seems to be, when you marry someone with kids, you DO share in the "burden" of supporting said kids.
For financial aid, that is the rationale but only for the spouse of the parent who has full custody the previous year. Financial aid is only based on the income and assets of the household of the custodial parent. In the OP's situation, she is the custodial parent. As a result, her ex and his current spouse's income won't need to be reported. If the OP is remarried, her spouse's income will need to be included. I've known divorced families that changed the custodial parent in the last years of their children being minors so the lower income household would be used to calculate FAFSA.
Here in OH, my husbands income has nothing to do with MY child support order. He could make $1M and i can make $0, the order is based on MY $0 and my Exs income ONLY.
The ONLY time my husband is involved with child support is taxes when they claim he can file to get his portion back, he never does though.
Here in OH, my husbands income has nothing to do with MY child support order. He could make $1M and i can make $0, the order is based on MY $0 and my Exs income ONLY.
The ONLY time my husband is involved with child support is taxes when they claim he can file to get his portion back, he never does though.
Well thank your husband from me for paying more than his fair share of taxes...
As many said initially, seek legal counsel as to what is or isn't possible and do whatever you're advised by a lawyer. Such laws do vary from state to state, both from the child support enforcement end, and from the marital property sharing and obligations end.
The only bit I know is that she isn't usually considered "liable" for say, tax reasons, for his bad child support debt. So even if he's a deadbeat that owes a bunch in back support, the state can't seize her part of a tax refund to pay it, if she files "injured spouse." (Yes, that is the technical term.)
I have my doubts about whether legally any state would compute the new wife's income into a modification of his obligation amount.
BUT. If one were listening to excuses about how he was barely making it and letting him slide on previously unpaid amounts, and was thinking that now he has no excuse...one might be right. And one might feel justified in pursuing what they were legally due at this time.
My old man is horribly incompetent at managing money. His idea of paying a bill is waiting until someone rings the doorbell to collect. He owed massive amounts of back support to his first wife when we met...actually he owed the State of Iowa, because she was getting assistance. When we got together, within the early years and realizing he can't be trusted to manage money, I took it over. I also wound up getting an accounting education. I, fortunately, am very good at managing money. Our finances did indeed merge as one, and I did indeed see to it that his entire obligation got paid off. It doesn't matter whose money it was that accomplished that, only that it happened. I believed and still do, that such burdens are shared when one marries a person, assuming one knows about them and consents to tackle it as I did. Maybe this new wife will bring new levels of responsibility into the picture. Maybe not. But if you are owed, then you are owed. Pursue whatever legal remedy is available and see what comes of it.
I have a FEMALE co-worker that irritates me. She is now pregnant with their 2nd child, but not married. Better yet.... SHE works 2 jobs, while he plays Mr. Mom to the kids. She kept saying she LIKED him being UNEMPLOYED AND NOT MARRIED!
This totally puzzled me.... then I learned the truth! Ya see.... he has 3 kids from 3 other women! IF he gets a job, then he will be paying some serious child support!
As a result... woman #4 PREFERS to be the sole income of the household, and is already planning a 3rd child with this guy!
BTW... yes... they collect all the Welfare Entitlements to go with it. UGH!
I say..... go after the step parents for child support when the Law allows it!!!!!
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. ... No I am not looking to get an increase I'm just looking for ways to get him to do what is right.
All those who keep posting about how the OP is trying to increase her child support by unfairly going after the new wife's income, please reread her original post.
All she wants is to get the child support that her husband was court-ordered to pay.
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) require that stepparents' income be counted when determining financial aid. This doesn't seem to have changed much in the past 30 years or so -- at least, I remember when I was applying for financial aid that long ago, I couldn't get it because my stepfather made too much money (my mom made very little, my bio dad died when I was a toddler) -- even though there was no way in he11 I was going to get a penny from him (he wasn't mean, it just didn't occur to him when he married my mom that he might be requested to pay her kids' college expenses). The rationale seems to be, when you marry someone with kids, you DO share in the "burden" of supporting said kids.
