I married a man this past summer. One week after our marriage he got laid off. We are really struggling with child support. If one of his kids lives with us and the other lives with the mom, should he pay child support to his ex wife? I wouldn't begrudge the kids or the ex wife anything, but it is is just so difficult to make ends meet. Any ideas?
2007-01-05 08:19:14 · 12 answers · asked by Angie Kay 2 in Family & Relationships ➔ Marriage & Divorce
The laws vary in each state. Maybe you can consult an attorney. If you are in the US, look in your phone book or on the internet for your closest Legal Aid office. They can help. Legal Aid is a organization devoted to providing civil legal service to those who cannot afford an attorney.
Usually, but not always, if one person has physical custody of a child, that person does not have to pay child support on that particular child. However, you cannot just stop paying it if you have a court order. You must get the order changed by a judge or magistrate. That's where Legal Aid can help. Good Luck.
2007-01-05 08:24:50 · answer #1 · answered by amt 2 · 0⤊ 0⤋
is the state/court system making him pay or was it a mutual thing between the two of them. If it was the state or courts, Good Luck with that! If it was mutual then just try talking to the ex-wife and tell her that since your husband has been laid off you all are having trouble with the bills and if she can settle for less help with the other child or wait til you and your husband get back up on your feet. She may understand.
2007-01-05 08:24:25 · answer #2 · answered by Vanessa H 2 · 1⤊ 0⤋
His new situation does not change what is in the divorce decree. If the child now living with him (and you) was not living with him before your marriage, then he has a right to have the Child Support adjusted. In most states there is a formula that takes it all into account. But, the fact that he is currently laid off may not help. He is employable, and they will use his "potential" income -- as if he IS employed -- in the calculation.
2007-01-05 08:23:03 · answer #3 · answered by Anonymous · 2⤊ 0⤋
I would be hesitant to separate the kids, unless they don't get along. But from a financial standpoint, if one kid lives with one parent and the other kid lives with the other parent then there should be no child support given either way. But it's not going to make much of a difference in how much money is being spent for the kids.
2007-01-05 08:24:00 · answer #4 · answered by FaerieWhings 7 · 0⤊ 0⤋
It all depends on what the divorce decree says. Generally with one child living with each parent, it should be a wash and no child support should be owed....that's if they are both children of these two. There is also a possibility that he owes alimony to the ex. You two should sit down and discuss this matter alone.
2007-01-05 08:38:12 · answer #5 · answered by chad_zortman 4 · 0⤊ 0⤋
just go have an illegitimate child with a stranger and charge some other guy child support then hand that check to the x wife and it will even out
2007-01-06 18:01:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Isnt' there already a child support order in place? If so, he'd better stick to it unless he gets it changed by the courts. If she's okay with changing it, then get it legally drawn up so he doesn't get screwed over for back support later.
2007-01-05 08:23:05 · answer #7 · answered by whatever 3 · 2⤊ 0⤋
Normally, if one parent has custody of one child and the other parent has custody of the other child, neither pays child support. But you have to have legal custody, not just have the child come and live with you. If it isn't set up through the courts, his ex could take him to court for failing to pay child support.
2007-01-05 08:22:15 · answer #8 · answered by Holly 1 · 1⤊ 1⤋
if circumstances have changed since the initial child support order was done, you can request changes to the order. for example, if one child originally lived with mom and now lives with you.
you really should contact a lawyer and have a new support order done.
2007-01-05 08:24:50 · answer #9 · answered by Kutekymmee 6 · 0⤊ 0⤋
He should be paying a percentage of his income based on the number of children NOT living with him. So, he would still pay if one of the kids lived with the mom, but it would probably be a smaller amoutn.
2007-01-05 08:23:17 · answer #10 · answered by Anonymous · 0⤊ 1⤋