My husband just found out that he has twins from his previous marriage? For 3 years his ex told him she cheated on him and that the kids were not his, but then she started telling people that they were his kids. We are going to go to court and get a paternity test done. If the kids are proved to be his, will they make him pay back child support from the time they were born, even though he didn't know and also will they include my income? Also his ex is on 100% disabilty and has rhuematiod Arthritis. Do the courts ever place children in the custody of the other parent in a situation like this? Thanks in advance for you help.
2006-06-19 16:30:38 · 10 answers · asked by LINC 1 in Family & Relationships ➔ Other - Family & Relationships
No your income doesn't help. Any children the two of you have will reduce his obligation to the ex.
He should petition for visitation and if he wants it, joint custody. He may be able to get more time or even primary custody if he can prove she either isn't capable of parenting them (and twins with RA is probably very tough to manage) or if he can prove she was intentionally keeping them from him.
Courts in most states no longer favor the mother automatically and really frown on parents that try to deny the other one access. That's why I am suggesting going out at the beginning seeking to share the children, rather than take them outright. Besides, kids really need both parents and the goal should be what is in the best interest of the kids.
The goal should not be to get even with her, but to truly set up a fair situation for the children.
Unless she is agreeable to a shared situation, request mediation if the judge doesn't require it (some courts do this automatically). The point of mediation is to work out a custody and visitation agreement.
In mediation always stay calm and in control of your emotions. Constantly focus on what is in the best interest of the kids and not "what she did." That will impress the mediator and if the mother loses it, will REALLY work in your favor.
The more time he has, the lower his support bill.
Be careful though, custody battles can be very expensive.
2006-06-19 16:37:29 · answer #1 · answered by Lori A 6 · 0⤊ 0⤋
This is obviously a situation for a good lawyer. However, I would hope legally that you can't be owed something that you had no clue about. As for the income, not sure if they will include yours, I would think that your income could be separated under some clause condition that you have other family obligations, but i think it may factor. It may be best to have the support litigated out of court. As for custody, if your husband is ready to take them full time, then the support thing, wont be an issue. Yet even though, she is disabled from work, she may still be able to take care of the children. To take custody, it would have to be proven to the court that with her condition she cannot fully take care of the children and their needs, which may be some difficultly that she is having and may be willing to share custody, etc. Good luck and best wishes.
2006-06-19 16:40:07 · answer #2 · answered by Kashmir527 2 · 1⤊ 0⤋
From what I heard the courts only include your income if you are married-so I guess I am saying yes. As for back payments I also think they will-but the judge has the last word-and if your husband really had no idea of these children then he may have mercy. Child support is changing and so funny these days who knows!!
2006-06-19 16:36:14 · answer #3 · answered by Nuray 2 · 0⤊ 0⤋
First and foremost, an attorney would be able to answer all these questions for you better than any of us here. With that said, there is a good possibility that he could be made to pay the back child support even though he did not know the children were his, especially if they were conceived during the course of his former marriage. As for including your income, some states do include the current spouse's income because it contributes to HIS income. As for custody, being on disability does not necessarily mean that she is incapable of being a fit parent. THAT is what the court looks at. Were she deemed unfit, he would stand a better chance of getting custody. With that said, may I add these two cents: I can understand the shock at finding out these children really are his, however, with him being married to her at the time and her being pregnant, he had to have known there was a CHANCE they were his, regardless if she cheated. Secondly, while I do hope that he wants to be a part of their life from this point on, you two need to keep in mind that as long as their mother is capable of caring for them suitably, SHE is all they have known their whole life. Do you really want to uproot their whole world? It's going to take time for them to get acclimated to their father anyhow, it will take even longer were they to be ripped from the woman who loves them. (Provided it's a good home atmosphere). Please keep in mind what is best for the children. And remember, contacting an attorney in your state would be your best bet for legal answers. Good luck.
2006-06-19 16:38:35 · answer #4 · answered by adagia27 4 · 0⤊ 0⤋
Hmm, you're getting some confusing answers here! I know in my case my husband has a child from a previous marriage and my income is NOT factored in at all. But I'm pretty sure it varies from country to country and state to state. We are Canadian and this is the law here. \
I think you should contact a lawyer. Any lawyer you talk to (again this is Canada) must give you a FREE 30 minute consultation - plenty of time to answer a simple question like yours. And yes, if your husband wants custody of the twins if/when their mother becomes unable to care for them, he will have a legal right to them. But the court will not just place them in your custody if you are not able or willing to care for them.
If you do, though, your husband will think the world of you - taking on twins is a real challenge! Talk to that lawyer. And good luck!
2006-06-19 16:41:49 · answer #5 · answered by Samlet 4 · 0⤊ 0⤋
First, you need to file MFJ to even get EIC. Second, you can add a form 8379 for the injured spouse (you). The IRS will take 14-20 weeks to both process the return and allocate the refund between the two of you. The allocation will include the EIC. The part of the refund that is considered to be your husband's will go to child support as it should. If only you had a W-2, the EIC will be allocated to you. If you both had a W-2, some of the EIC will be allocated to each of you.
2016-03-15 10:03:47 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I do not believe your income is part of the consideration. Yes the child support will be retroactive whether he knows it or not. However, there are legal details only lawyer can tell you if her lying substantiate to anything at all... Unless his ex is giving up parental right, it's join custody at the most.
2006-06-19 16:36:48 · answer #7 · answered by sstooc2001 6 · 0⤊ 0⤋
if your married or living together yes it does,i don't know about the last three years but i think just because she has rheumatoid arthritis doesn't mean she is a bad parent, as long as the children are looked after their is little chance of custody
2006-06-19 16:38:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If he is the father, he will pay back support and being his wife they will count your income. Im not sure about the custody thing though.
2006-06-19 16:34:58 · answer #9 · answered by teresa a 1 · 0⤊ 1⤋
It will not include your income. If the mother wants her kids then she will get to keep them, if she doesn't want them then the father should want them if he is any kind of decent person.
2006-06-19 16:35:18 · answer #10 · answered by clbinmo 6 · 0⤊ 0⤋