A divorced man is living with his girlfriend; can the courts go after her income for what he owes to his ex-wife? Or is it based strictly on his income? and not what he made in previous years or previous jobs?
2006-12-18 07:26:27 · 11 answers · asked by gadzzooks 1 in Family & Relationships ➔ Marriage & Divorce
His income. The roommate/girlfriend was never married to the ex-wife, nor did the roommate/girlfriend create children with the ex-wife.
2006-12-18 07:30:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First off, no, his girlfriends income will not be used to calculate his child support payments. Califormia no longer recognizes common law relationships, though the federal governments does. If he was on SSI his girlfriends income would affect his benifits as SSI is federal and federal governments recognize common law as a viable relationship as though the two were a married couple. However, while Califormia use to recognize common law relationships it no longer does, so he and she are safe in that regards.
Now, depending upon whether or not he has had a previous child support order on record, his past income could determine what he is paying now. If he has a prior order, and his income has changed, gone down, he can petition the courts for a reduction in his child support amount. If he does not have a previous order then what he is earning now will be what they use to base his payments on. Please be aware that if he and she do get married her income would then be used to recalculate the payment amount as it would then be used in the total of his "family" income. While this seems unfair, it is the law. Try to understand exactly how expensive it is to raise a child and the parent with physical custody bares the brunt of having to provide the largest portion of those expenses. The amount of child support the non-custodial parent pays is only a small fraction of what actually is needed to properly provide for a childs financial needs. It also needs to be said that whether or not a parent is caught up on child support has nothing to do with visitation. Visitation is a totally seperate issue and I hope the parent takes advantage of every moment the court has provided in the settlement.
Good luck and have a great day.
2006-12-18 07:47:58 · answer #2 · answered by Serenity 7 · 0⤊ 0⤋
In my state, it's based on the W-2's or even tax returns. So, pretty much no, the roomie/gf's income cant count towards what he owes the ex wife. BUT, if he gets pissy with the judge and says he's unemployed and the honey is supporting him, the judge CAN get nasty with him.
2006-12-18 07:30:15 · answer #3 · answered by Munya Says: DUH! 7 · 0⤊ 0⤋
if they are not married they can not use her income.
based strictly on his current income at the time they go to court. they will take into consideration past income so they can see what he is capable of making..but for the most part its his current income.
2006-12-18 07:41:02 · answer #4 · answered by Get_R_Done_n_Dallas 3 · 0⤊ 0⤋
Nope can't get roommates income. Is this a roommate or a shack-up honey? If this is child support that your EX is trying to get then you should probably step up to the plate and be a man.
2006-12-18 07:30:54 · answer #5 · answered by Bruce C 1 · 0⤊ 0⤋
In maximum, if no longer all states, you need to be 18 previously your mothers and fathers have no criminal capacity over you. you moreover would must be 18 in maximum places to lease or lease an place of abode and you need to have some style of credit....except your roommate is going to prepare for the place of abode on their own and get each and all of the utilities of their call, which i do no longer think is a clever selection....i think you need to attend about a minutes longer...additionally, on the grounds which you're nonetheless considered a minor by making use of regulation , in case you moved out and your mothers and fathers did no longer consent to it, they are in a position to checklist you as a runaway...for this reason, your roommate ought to get in hardship for 'harboring a runaway'... in simple terms some issues to think of roughly...
2016-10-15 04:41:24 · answer #6 · answered by ? 4 · 0⤊ 0⤋
No way. Strictly his current income.
2006-12-18 07:29:07 · answer #7 · answered by RightLeft 3 · 0⤊ 0⤋
if she isnt his wife then no,they wont consider her income..its all about what he is making right now
2006-12-18 07:36:55 · answer #8 · answered by huneygrl1 2 · 0⤊ 0⤋
IF THEY ARE NOT MARRIED & IT DEPENDS ON THE STATE, IT THEY WERE MARRIED. BUT NO, HIS GIRLFRIEND HAS NOTHING TO DO WITH THAT
2006-12-18 07:34:11 · answer #9 · answered by denavirgo 2 · 0⤊ 0⤋
no
2006-12-18 07:35:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋