Mother has a back injury, is disabled, but not on disability. Will her current husband's income be used in determining her amount of child support, if any. We assume his father will file for medicaid and food stamps on him. Father is on disability, so child support now comes from SS. He also is paying back child support, will this stop? Right now they have joint custody, and mother has physical custody. We know that for that to change, they must file a motion to modify. If they don't do that, then what about child support?
2006-09-02 18:30:02 · 6 answers · asked by charlies mom 2 in Family & Relationships ➔ Other - Family & Relationships
My friend gets child support from his ex wife
2006-09-02 18:32:08 · answer #1 · answered by ? 6 · 0⤊ 0⤋
Well these days, it is the same for a man as a woman. I have 2 kids full time, Im supposed to get child support, doesnt mean I actually get it. What happens where I am, if he owes child support it will get deducted from the amount he owes first, he wont automatically have that written off. Far to many people forget that child support is to help the custodial parent with the cost of bringing the child up. This is usually because that parent has to sacrifice part of their income earning potential to look after that child. My Ex now has 3 more children to another man, so she only pays $25 a month
2006-09-02 19:03:51 · answer #2 · answered by Jack J 2 · 0⤊ 0⤋
okay, the amount of child support is decided by the standard of living they had prior to the divorce, as is alamony if she collects. As far as custody goes, she has physical custody, so she is the primary guardian of the child, so the child support is paid to her. Not the other way around. Now, the injury is gonna cause a problem if the motion is passed to have him as the primary guardian, then she will be obligated to pay child support. So the best thing to do is get on disability and the courts will look at that in deciding the amount or even if she is goin to pay child support, since she doesnt really have a secure source of income.
2006-09-02 18:37:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think that if they have joint custody, where she lives is considered "joint" so where she spends the most time would depend on how far away you are and how much actual time she is there. I'm actually in the same situation with joint custody of a 15 year old daughter who would rather be with her father since I got transfered to another city. That's fine, but I brought my son with me and instead of child support for two children he pays half a child instead. It also depends on where you live because laws are different. Here it's based on the income of both parents. As far as back payments go, I do believe he still owes her that, the idea is that they share expenses jointly and if he hasn't it's her pocket it came out of. That will probably been taken into account with respect to how much he could (if any) ask for child support.
2006-09-02 18:36:47 · answer #4 · answered by dreamcatweaver 4 · 0⤊ 0⤋
Yes, but to inforce if the child lived with the mother and was recieving support from father, they may need to go to court again to reverse the order.
He current husband is not responsible for support unless he adopted the child, so support will lhave to come form her, they will base it on what ever she gets in terms of income.
The father can still collect SS for child and have it sent to him if the child is living with him, he needs to contact the Social Security Office. and the child will have to appear to prove and say he is living with his father.
Back support stays in place until paid in full.
2006-09-02 18:42:40 · answer #5 · answered by DJ 3 · 0⤊ 0⤋
Ask a lawyer.
2006-09-02 18:32:17 · answer #6 · answered by tjnstlouismo 7 · 0⤊ 0⤋