My husband has a child from a previos marriage that he pays $450 a month child support on.His ex-wife will not work and keeps threatning to take him back to court for more child support we are barely making it now with both of us working we have 3 children to support.If she does take him to court will they consider my income because when they sit the child support we were not married yet?
2007-01-06 16:22:10 · 8 answers · asked by ladybug1976 1 in Family & Relationships ➔ Marriage & Divorce
2 of the chidren were mine before the marriage we only have 1 together.I think that if she wants more money she needs to get off her butt and get a job she's not to good to work.
2007-01-06 16:54:27 · update #1
They won't consider your income, but they also don't care that you have more children. In the courts eyes, it's first come, first serve and you knew he had that child when ya'll made the decision to have more. They can make him pay more child support if he is making more and the time he spends with the child is significantly less than what she has him.
2007-01-06 16:32:34 · answer #1 · answered by dana j 4 · 1⤊ 0⤋
first of all, the court calculate an income for her (minimum wage) if she doesnt work.
personally, that $450 wouldnt even pay for food for a month in my house. we go through a gallon of milk a day. thats $3.50x7 = $24.50 a week. thats about $98.00 per month.
and THATS JUST MILK.
but i get what you are saying. you are struggling and concerned for your family. but quite frankly, i am surprised to hear you say something like that about her, being that you are a mother also and know how much work kids are (scrubing puke, picking up from school, activities, homework, etc). instead of getting angry about your husband having a child, why not try and defuse it by saying something like 'its difficult for everyone, and its ok, well manage'? or 'your a good dad for taking care of your child'?
the court will not give her more then the law allows, they are quite strick about this. here is a CS calculator for you. just click on your state and fill it in. that is a general idea as to what he should be paying...
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://modestneeds.org/
http://freecycle.org/
2007-01-10 01:18:19 · answer #2 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
It depends on what state you live in, as to whether they will consider your income or not. call you local child support division. it sounds to me like his x is a GOLD DIGGER>>>>>>watch her.....we pay $500/mth and it wipes us out financially each month. outside our mortgage its our highest bill. my husbands x wife refused to show a work pattern when they went to court-so in the courts eyes she was the poor little abandoned wife with no income and no education. chances are she doesn't have to money for lawyer fees-but still the same don't trust her.
2007-01-07 12:16:13 · answer #3 · answered by lake living 5 · 0⤊ 0⤋
if you are not married then I odnt think they will consider your income as part of his. also if he isnt making any more at his job from the last hearing. then they wont increase it. plaus I have seen this from time to time. a person takes their spouse to court one to many times. accually has the amount decreased.
but depends on the judge and how tehy are feeling at the time.
450 amonth isnt too bad. I know guys at work that pays almost $200 a week.
2007-01-07 00:32:37 · answer #4 · answered by Jecht 4 · 0⤊ 1⤋
It depends on the state you live in. Some states do take their wife's or husband's income into consideration. (Which makes no sense to me) $450 a month sounds like a decent amount...depending on how many children that is supporting. well I wish you the best of luck.
2007-01-07 00:32:59 · answer #5 · answered by Jm 3 · 0⤊ 2⤋
Child support has absolutely nothing to do with your current children. The receiver of support is entitled to regular "cost of living" increases as the child gets older and it becomes more expensive to raise him/her. The mama is entitled to this and I'm sorry if it inconveniences you or takes away from your children. Maybe your husband will learn where all these children are coming from and wrap that thing!
2007-01-07 00:33:06 · answer #6 · answered by Anonymous · 1⤊ 2⤋
I've never heard that a 2nd wife's income is considered in the factor for deciding on how much child support should be paid to the 1st wife.
Usually child support is determined on how old the child is at the time of divorce and how much the man is earning. Also, if your husband has the child for any length of time, she should be paying him child support too! I have a friend (this is in Kansas) who gets his child 6 months out of the year and the 6 months he has his dghtr, his ex has to pay him child support. His lawyer tried to get it so no support was to be paid since they spent equal amount of time with the child but his ex was a b*tch and just wanted the support to cause him financial strife. He recently remarried and they have decided not to have children because of the financial burden it would be to raise a child of their own, instead they take in foster kids. When the ex found out about this little bit of extra income that he/they would be bringing in, she tried to take him back to court to get her child support raised. The judge thru it out stating that he wouldn't even consider the money the state pays for the care of these children in his custody. Everytime it was near time for his dghtr to come stay with him, she would get all pissy and start making threats about getting her child support raised but if he would forfeit his visitation, she would drop these threats. he got tired of her holding his dghtr over his head and making all these financial threats so they started documenting all her harrassing phone calls, the lies she would tell to her dghtr about him, all the times that she would demand that she be allowed to take her dghtr home 2 months early or showing up 2 months late in picking her up, now they are taking her back to court to try to get full custody of his dghtr. That might be something you should consider. Try getting custody of his child or at least more visitation so that she is required to pay HIM child support also. I guarentee that will stop her threats real quick.
Yes, it is very expensive, but during the process of getting their documentation, they started saving their pennies. It took them 2 yrs to save up enough money to pay the lawyer half down (an estimated amount the lawyer gave them) and then they were allowed to make payments based on what they could afford, to pay off the rest. Now the ex is crying poor house cuz she can't afford to hire an attorney to fight them and is trying to get it so he has to pay for her attorney fee's. The judge threw that motion right out the door!
Believe me, the ex isn't gonna take him back to court cuz that means that she's gonna have to pay an attorney to fight for it. And if she does follow thru on her threats, have your attorney to request for her to pay for your husbands lawyers fee's. If she can afford to take him back to court, then she can afford to pay for his fees. If she's not working, she's using the childs support money to pay for an attorney.
2007-01-07 01:04:23 · answer #7 · answered by suzyq 3 · 0⤊ 0⤋
I'm not for sure but I think it may come down. I guess it depends on what you make. But I would call and ask someone that works in that filed or maybe a lawyer just to ask them the question shouldnt cost anything
2007-01-07 00:31:10 · answer #8 · answered by bittywrap 3 · 0⤊ 1⤋