My Ex has been married for over a year now, I have a 4 year old little girl by him, but receive no maintenance payments.
If I go with the CSA, there is a waiting list of over a year and a half before the case is even reviewed.
He is apparantly at college (!) and has no money to give me. Before I go spending extortionate amounts on Solicitor bills, can any one tell me if his new wife's (who is working) earnings will be taken into consideration??
2006-12-10 23:32:55 · 16 answers · asked by Coley 4 in Family & Relationships ➔ Marriage & Divorce
For your information EASY RIDER
My child is not a brat, and I have 2 jobs, a childminder in the day, and a barmaid when she is asleep, so don't judge ok.
2006-12-11 21:34:03 · update #1
Depending on your state law. Most states do consider both blended families income together.
Although he is not making the income, he is benefiting from the income that his new spouse makes. Many states have incorporated that factor into their decisions on what one spouse will pay to the other for child support.
Many individuals are extremely upset about it.
Although she/he is not legally obligated to support a child that you and he had, it usually is still looked upon and considered a factor, although not necessarily a deciding factor in a court of law of support obligation.
2006-12-11 04:04:21 · answer #1 · answered by Hawksflyn2u 1 · 0⤊ 0⤋
The CSA cannot take any money from your Ex's wife *directly*.
So, if your Ex has no income then he will not have to pay anything. Unless he has arrears, in which case he will have to pay at least a minimum amount. Quite where he is expected to get this minimum amount *from* when he has no income is anybody's guess!
BTW, I emphasised "directly" above, because they *can* take money from you Ex's wife indirectly (if he is earning). Let's suppose that your Ex and his wife split the bills. He pays the gas, while she pays the electricity, for example. Now, when the CSA take your Ex's wife's (the NRPP as the CSA would call her) into account they may decide that your Ex can pay you more. But what happens if this means that he can no longer afford to pay the gas bill? Do the CSA pay it? Do the gas board let him off? No, his wife will have to pay it. Thus INdirectly the CSA can take money from your Ex's wife.
But, if your Ex has no income, then no, the CSA will not be able to take money from his wife.
2006-12-11 05:11:54 · answer #2 · answered by amancalledchuda 4 · 0⤊ 0⤋
i think it is just his income considered. you can't really expect her to pay towards your daughter, she didn't have anything to do with the conception. what i would say is see if you could arrange something with your ex without having to go through csa. if this is a no go then go to csa, it shoudn't cost you a penny. they deal with the claim not you and maybe in a year and a half he will have a job by then.....good luck, i know it's tough xx
2006-12-10 23:39:31 · answer #3 · answered by Just Me.... 3 · 0⤊ 0⤋
The state I live in does not calculate the new wife's income. Why would it take a year for the review of a case? Do you live in the US? If so, there is a minimum he is required to pay, regardless of his income.
2006-12-11 00:02:58 · answer #4 · answered by stacey h 3 · 0⤊ 0⤋
it depends, i know they used to. they take into account how much the family have coming in. a marriage supports each other init. so possibly, spk to the csa, they should be able to help you, and most solicitors give an hours free advice, go screw the **** to the floor.
2006-12-11 00:27:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
they will not consider his wife's income, but he WILL have to pay something. the courts will impute his income at either minimum wage or what he was earning before he started school. the wife may end up having to pay it for him in order to keep him from the consequences of not paying child support. go to divorcenet.com with these types of ?'s
2006-12-11 00:33:57 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, at least in the US...Husband paid child support and maintenance to his ex...My concern was her getting to my money, i had a lot more than he did. We found out she couldn't touch my money...I would buy the kids stuff and I'm paying for their schooling, i have no problem with giving, just didn't want her to touch my money...So check you laws were you at, if your in the US then no, you cant touch her money....
2006-12-11 00:09:06 · answer #7 · answered by ABBYsMom 7 · 0⤊ 0⤋
i dont think they do unfortunately. the csa are a nightmare. they have all my sons fathers details yet ive not seen a penny in nearly 10 years! He moved you see n they basically told me they couldnt be bothered to look for him and i should locate him again myself and tellthem! is there no way to negotiate with your ex? does he still see your daughter?
2006-12-10 23:40:03 · answer #8 · answered by serephina 5 · 0⤊ 0⤋
It depends on what state your in.I live in Upstate New York and they took money out of my wife's checks when i wasn't able to pay.
2006-12-11 14:29:20 · answer #9 · answered by Willnotlietoyou 5 · 0⤊ 0⤋
no i am afraid not cause it is not her child even though she is married to your ex there is nothing she has to pay for when it comes to your child . That is your child and his ,not hers. good luck and god bless . Happy holidays to you.
2006-12-10 23:37:32 · answer #10 · answered by Kate T. 7 · 1⤊ 0⤋