$30K owed in back child support. Man is self employed showing not much income but is about to marry someone who makes good wages.
2007-02-02 15:58:23 · 16 answers · asked by foxywire 1 in Politics & Government ➔ Law & Ethics
Where I live, NO. I don't know about different states or countries though. I live in Ok. It doesn't matter how much a guys wife makes, it's only the man that they are after.
They can take his federal and state tax returns. If you file together, they can take that part of the woman's refund. So, when something like this occurs you have to file under married, filing seperately.
Also the woman could be married to a rich husband and not work. The court system will only take in to account her wages. In other words, it's definitely just between the ex-husband and ex-wife.
2007-02-02 16:09:42 · answer #1 · answered by Karen H 5 · 1⤊ 0⤋
Ok take it from someone who has been in your shoes except my husband is current on his child support. They can not garnish your wages. They can not look at your income, only his. If his income has gone up, then she will be able to get more money. Your child with him doesn't matter. They don't care about your child. They only care about the first child he had with another woman b/c that child should have both their incomes as if they were still considered being married. My step daughter will be 16 soon and I'm just glad it will be all over soon. They don't care about your expenses or anything. Also, she doesn't work, you can have put down that she does work as part time b/c there's no reason why she can't work unless she is physically not able too. We did that to my husband's ex and she flipped out. Good Luck!!! Get on New York's website for child support and look at everything you can about their laws b/c all states are different.
2016-03-29 02:28:07 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Generally, no, the new spouses wages are not factored into child support.
Exception. There were cases where the mother was paying child support. She would remarry to someone who could support her, and then " decide" she didn't need to work anymore. At that point, the husbands income would be factored for CS. So, if he was making 100K a year, rightfully, 1/2 of that was hers. So, they would have to pay child support on the part of his income that was considered hers.
2007-02-02 16:32:36 · answer #3 · answered by ? 5 · 0⤊ 0⤋
No. The debt remains that of the individual who parented the child in question and does not become a joint liability of their spouse.
The garnishment of the man's wages will, of course, effect the total household income, and thus have an effect on his new wife, but she is at no time responsible for his debts.
2007-02-02 16:02:44 · answer #4 · answered by ? 4 · 2⤊ 0⤋
call a child support attorney. state laws vary from state to state, but income tax refunds can be used to get back child support so you may want to find out. here, the new spouses income can be used to calculate the new rate of support owed each month. you may also be able to put a lien on his business for back suppot payments. also, some state agencies collect support payments here, buit the support is never forwarded and it is a very difficult problem to get the money once the state gets it. if a court is collecting support, the court forwards it, but if the state attorney collects it, it will stay there until hell freezes regardless of what a judge says.
2007-02-02 16:08:16 · answer #5 · answered by de bossy one 6 · 0⤊ 1⤋
looks like another case of an American woman trying to get everything in her path, its truly an American sickness,if this man owes you this much money stop and try to think how long it would take you to pay that amount, the world was not made in a day I'm sure the courts will do what is fair for him as well as you, and you will'' get your money,, maybe you asked for to much to start with,, just want to break him down to nothing or what, get a job.
2007-02-02 16:14:07 · answer #6 · answered by JALISCO 2 · 2⤊ 0⤋
make sure that you pay in just the right amount of taxes threw out the year to not owe or get anything back from the IRS then your OK
2007-02-02 17:02:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Hopefully
2007-02-02 16:08:18 · answer #8 · answered by batmango66 3 · 0⤊ 1⤋
No. She does not owe the child support, he does. If they have a joint account and she places her check in that account, you still cannot take her money.
2007-02-02 16:03:44 · answer #9 · answered by P W 3 · 2⤊ 0⤋
No- The new wife is not responsible for her spouse's child support for any reason.
2007-02-02 16:08:57 · answer #10 · answered by RY 5 · 2⤊ 0⤋