I would certainly hope the new wife wouldn't have to pay for kids that aren't heres. It's up the father and mother together to support their kids.
Yikes I just read soccermom's posting - I'm sooooo glad I married a virgin and didn't have to worry about this lol
2006-11-17 03:14:41
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answer #1
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answered by Anonymous
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It depends. The court takes into account the man's new financial responsibilities. They will not take money away from the man if it means that the kids from his new marriage go without. His income is not the sole determinant of that.
For example, let's say he makes $30,000 a year and has a kid with his ex. A certain amount has to be paid to support them. He remarries and has more children. He can no longer afford to support the one with his ex. His child support will be reduced or eliminated. But, let's say his new wife makes $100,000 a year. Then, he will still have to pay because her income makes up for it and supports the family. However, he won't have to pay MORE because of her income.
All bets are off if you live in a place where wacko liberals rule (LA, New York etc.) In those places, the courts do as they please with no regard to the law or anything else. And you have no recourse.
Don't live there.
2006-11-17 10:54:28
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answer #2
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answered by Anonymous
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Hard to know what it actually is you're asking. If you're saying that child support becomes both the husband and wife's debt, you're wrong. Being married, of course the new wife would have to deal with the loss of that money, but she's not responsible or legally liable for it in the least. And the percentage is only based off of the mans income, not his partners.
2006-11-17 10:37:44
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answer #3
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answered by Jaded 5
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Technically, the child support comes from the father's wages.
Realistically, the child support comes from both the wife and the husbands income because once you are married everything becomes "ours" not yours and mine.
They can, and have done so in the past, taken items and property jointly owned by the husband and wife to give to child support if the husband didn't pay for it or tried to slide by claiming not to be working.
There was a huge story on the news a couple of years ago about a woman who got her brand new SUV taken outside the court room and handed over to her husband's ex for child support. She had to take a cab home. The judge awarded it to the mother of the child in lieu of child support. He said that if they could afford that new SUV and already owned two other vehicles, then they could afford child support payments.
The new wife was livid. That was her new car. It was bought with money from their joint checking account. She had waited and worked hard for years for that car. It didn't matter.
She later divorced him.
Once money is combined in an account, no judge will try to separate it. Even if you have proof of each your incomes.
The only way to protect the new wife's income is for her to never combine it with the husbands. That means separate credit cards, bank accounts, etc.
That will still not protect jointly owned land, homes, cars, etc.
Your best bet would be to have the court set up a draft system from the husbands payroll check. That way it is always paid and paid on time and the wife never has to deal with it.
2006-11-17 11:13:32
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answer #4
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answered by soccermomw3 3
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No, that is like saying, if a man owes $3million to a car lot, and gets married the wife incurs and takes on his debts.
Or A woman owes 6million for a house that she bought, then marries a man who has 6million he doesn't have to pay the debt, he can, if he wants to, but he is not bound by law.
Of course this all depends on the sate,country the marriage takes place in and if any prenuptial or other contracts were entered into by both parties with full knowledge at the time of signing.
2006-11-17 10:45:21
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answer #5
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answered by Anonymous
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Child support only comes from the parents. It doesn't matter if they are married or single. The actual parent is the only one whose check can be garnished for support.
The only way a spouse would have to "pay" is if the parent is behind and has their federal income tax refund garnished for child support and the spouse doesn't file to get their part out first.
2006-11-17 10:41:25
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answer #6
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answered by startwinkle05 6
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No, I've never heard of that. It's only based on the man's income. Also, if marries his child support may get reduced due to his taking on another responsibility. I think that varies from state to state, though.
2006-11-17 10:43:42
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answer #7
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answered by BigJake418 7
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NO the chold support only comes from the man. the other partner has nothing to do with the child therefore no one can make her pay for a child that is not hers. Deffinatly just the mans income it will come out of
2006-11-17 10:43:21
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answer #8
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answered by Anonymous
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Depends on the state you live in sometimes they will take from both. If your ex has a job they can also figure her income as well to see what you will pay. Most states take a percentage of your gross income.
2006-11-17 10:40:08
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answer #9
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answered by Anonymous
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Child support will only be calculated on his income, not yours. There is a discretionary detection to this income that he can claim if he is helping support kids that are not the subject of the order.
2006-11-17 10:39:22
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answer #10
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answered by Rayslittlegurl 3
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