WIll I be responsible for my Husbands child support? (unemployed, income)

[PARI]

This is not meant as legal advise...You should always consult a licensed attorney who specializes in the area of practice that you need answers on...

If you are the paying spouse, your new spouse's income should not be considered directly or indirectly. However, if the paying spouses income "household income" from any source significantly increases, the receiving spouse could argue for more money.
Furthermore, a parent cannot waive their obligation. So, if the judge decides that the amount of child support was never sufficient, or the spouse receiving child support encounters additional expenses, he could order more child support. It would appear that it is up to the judge and each case may have different circumstances. However, one must remember that the courts will place the child or children's needs above any other factors.


See Fam code:

4057.5. (a) (1) The income of the obligor parent's subsequent
spouse or nonmarital partner shall not be considered when determining
or modifying child support, except in an extraordinary case where
excluding that income would lead to extreme and severe hardship to
any child subject to the child support award, in which case the court
shall also consider whether including that income would lead to
extreme and severe hardship to any child supported by the obligor or
by the obligor's subsequent spouse or nonmarital partner.
(2) The income of the obligee parent's subsequent spouse or
nonmarital partner shall not be considered when determining or
modifying child support, except in an extraordinary case where
excluding that income would lead to extreme and severe hardship to
any child subject to the child support award, in which case the court
shall also consider whether including that income would lead to
extreme and severe hardship to any child supported by the obligee or
by the obligee's subsequent spouse or nonmarital partner.
(b) For purposes of this section, an extraordinary case may
include a parent who voluntarily or intentionally quits work or
reduces income, or who intentionally remains unemployed or
underemployed and relies on a subsequent spouse's income.
(c) If any portion of the income of either parent's subsequent
spouse or nonmarital partner is allowed to be considered pursuant to
this section, discovery for the purposes of determining income shall
be based on W2 and 1099 income tax forms, except where the court
determines that application would be unjust or inappropriate.
(d) If any portion of the income of either parent's subsequent
spouse or nonmarital partner is allowed to be considered pursuant to
this section, the court shall allow a hardship deduction based on the
minimum living expenses for one or more stepchildren of the party
subject to the order.
(e) The enactment of this section constitutes cause to bring an
action for modification of a child support order entered prior to the
operative date of this section.



4058. (a) The annual gross income of each parent means income from
whatever source derived, except as specified in subdivision (c) and
includes, but is not limited to, the following:
(1) Income such as commissions, salaries, royalties, wages,
bonuses, rents, dividends, pensions, interest, trust income,
annuities, workers' compensation benefits, unemployment insurance
benefits, disability insurance benefits, social security benefits,
and spousal support actually received from a person not a party to
the proceeding to establish a child support order under this article.
(2) Income from the proprietorship of a business, such as gross
receipts from the business reduced by expenditures required for the
operation of the business.
(3) In the discretion of the court, employee benefits or
self-employment benefits, taking into consideration the benefit to
the employee, any corresponding reduction in living expenses, and
other relevant facts.
(b) The court may, in its discretion, consider the earning
capacity of a parent in lieu of the parent's income, consistent with
the best interests of the children.
(c) Annual gross income does not include any income derived from
child support payments actually received, and income derived from any
public assistance program, eligibility for which is based on a
determination of need. Child support received by a party for children
from another relationship shall not be included as part of that
party's gross or net income.

also see
cal fam code section 915:

915. (a) For the purpose of this part, a child or spousal support
obligation of a married person that does not arise out of the
marriage shall be treated as a debt incurred before marriage,
regardless of whether a court order for support is made or modified
before or during marriage and regardless of whether any installment
payment on the obligation accrues before or during marriage.
(b) If property in the community estate is applied to the
satisfaction of a child or spousal support obligation of a married
person that does not arise out of the marriage, at a time when
nonexempt separate income of the person is available but is not
applied to the satisfaction of the obligation, the community estate
is entitled to reimbursement from the person in the amount of the
separate income, not exceeding the property in the community estate
so applied.
(c) Nothing in this section limits the matters a court may take
into consideration in determining or modifying the amount of a
support order, including, but not limited to, the earnings of the
spouses of the parties.

[singlemomwithadeadbeatdad]

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.

What if you have a kid with a deadbeat dad who purposely works for cash to avoid child support and his wife keeps everything in her name to protect him and make sure her kid is spoiled rotten?

I'm looking at moving forward with such an action because I've exhausted all other options. Wages gets garnished, he quits his legit job to avoid it. Court dates get scheduled, he's a no show. License suspended, jail threatened...he just stays on the run, un-phased and child support can't collect or catch up with him. This has been going on for 4 years. This is my last resort, not something I want to do, but they could care less about the well-being of my kid meanwhile, they are in a new house, new cars, 14 year old with an iphone etc. And all I want is my $572/month to help cover after school care and health care expenses I have.

Was your husband paying and helping with the kids?

[roysterg]

Can my ex and his new wife pay child suppot to my daughter in the state of PA? Also my ex and his wife live in NJ

[NANNIE001]

I want to know the man i been with for 13 years and we want to get married, but his affraid that they might go after me because he owes child support and the funny thing about he found out that his sons mother got married and had the child adopt and never told him but they still want him to pay child support should he report it or will they come after , me becuse im the one that is working and his not, i want to get married but im not sure if i should or just leave things the way they are

[gerrythesnake]

You should be worried. She can take you both to court for an increase amount of child support because his "household" is bringing in more money

[VLWH]

Originally Posted by NANNIE001

I want to know the man i been with for 13 years and we want to get married, but his affraid that they might go after me because he owes child support and the funny thing about he found out that his sons mother got married and had the child adopt and never told him but they still want him to pay child support should he report it or will they come after , me becuse im the one that is working and his not, i want to get married but im not sure if i should or just leave things the way they are

If you're so concerned about them attaching your income, then don't get married now. You have been together for 13 years already so I'm guessing the children will be 18 in less than five years and he won't have to worry about the child support. Of course this would assume he doesn't owe back child support.. Seriously, you waited this long, what's a few more years.

[pissed off 75]

I'm paying child support. Can I also claim I'm paying tor rent? When my ex is living in a free home with no bills to pay not even water nor electric.

[som3on3_10]

If you make triple what your BF is making, I'm sure you can afford to hire an attorney. Look at paying for an attorney as paying for insurance on your money. Small price to pay for peace of mind IMO.

[ladywill88]

Okay i am about to get married to a man that is incarcerated who has a child with another women. Will I get stuck payin child support?? Also WE want FULL custody of the child while he is incarcerated. What do I do????

[2sleepy]

no you are not responsible for child support, and he can't get full custody of the child while he is incarcerated- he will need to wait until he is out of jail/prison to work on that issue