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My daughter father claims he not working but is married can his spouse be forced to pay child support for him?

2007-02-07 16:55:43 · 16 answers · asked by fooled 1 in Family & Relationships Marriage & Divorce

16 answers

NO - and leave the person alone. She puts up with enough crap from you as it is.

2007-02-07 17:07:44 · answer #1 · answered by justbeingher 7 · 3 2

Have your husband get to an attorney as soon as possible. Tell the attorney all of this information so that he can subpoena financial records from this girl. She had to have filled out loan applications for that new car, so it would be interesting to see what she claimed as her "income". And, just because she isn't married to the boyfriend, doesn't mean that she can't claim some kind of credit for him living there. He has to be helping her with some of the bills in some kind of way, either buying groceries or paying a utility bill or something. In some states, the child support is based on child support guidelines. This means that the gross income of both parties are evaluated and there is a chart that the court uses to determine the proper amount of monthly child support. I'm pretty sure that her employment record will be evaluated by the court as well. You don't mention how old the child is, but in some states, a parent can be considered to be voluntarily underemployed if the child has reached a certain age (school age) and has not maintained a job or attempted to look for employment. Her income would then be based on what she has the "potential" to earn with her education and work history. I'm sure that the court will consider all of these options when reviewing the case. Child support is fixed to help raise a child, not to be used as spousal support to assist with an ex in maintaining a lifestyle that she enjoys. Good luck.

2016-05-24 05:41:45 · answer #2 · answered by Anonymous · 0 0

I suppose it depends on the state but NO, the spouse cannot be held responsible for the unemployed parent's child support. Sorry.

2007-02-07 17:08:02 · answer #3 · answered by imdpo 4 · 0 0

I sure hope that your ex is out beating the street looking for a job.

I certainly hope he isn't working simply to spite his daughter. What a world class...you fill in the blank.

The wife's wages cannot be garnished as she is not required to pay the support. Simply, the order to pay child support is for your ex, not her.

I cannot think of a way to get anything out of him. Contact your lawyer though...shoot its only a phone call and I might be wrong.

2007-02-07 17:04:58 · answer #4 · answered by jw 4 · 0 0

i dont think his spouse can be forced to pay for him but i do now that even people on a centrelink payment can be assessed to pay some child support. it may not be much but it is something .... it would be worth just talking to the child support agency to get them to assess what you may be eligible for ... its always worth testing the waters cause in the end it is supporting the child/children

2007-02-07 17:00:42 · answer #5 · answered by sirine_au 1 · 0 0

No. but this some states count the spouses income when deciding child support.
It doesn't matter if he's not working, they will still order him to pay a certain amount.

2007-02-07 17:46:51 · answer #6 · answered by LC 5 · 0 0

No, but he should still have to pay child support. My dad was still required to when he went to prison and he wasn't making ANY money in there. Talk to your lawyer. If he doesn't pay it now, it builds up (with interest) like a credit card so you'll get it eventually.

2007-02-07 17:02:22 · answer #7 · answered by Loki's Mommy 4 · 0 0

Unfortuneately, yes.
My husband is forced to pay what he can't and the ex-wife is a money loving slut...she's up to her ears in debt for a new house and a new car , and her 10+ credit cards are maxed out.
And she constantly buys new things,goes on long trips, lets her b/f of the week drive her UNINSURED car, and buying guys she barely knows exspensive things..stupid cun7.

2007-02-07 17:03:03 · answer #8 · answered by Anonymous · 0 0

I think it depends on the state you live in but from where i am the spouse would have to pay it, I think.

2007-02-07 18:10:25 · answer #9 · answered by fun mom 1 · 0 0

I think she can, but I know that in the state I live in they will force the father to get a job or he will be in legal trouble.

2007-02-07 17:04:56 · answer #10 · answered by LibraryGirl 2 · 0 0

yes they will court order him to either get a job or go to jail...he doesn't get out of paying child support because he's lazy and doesn't have a job....he already isn't there for his kid isn't that lazy enough?

2007-02-07 16:59:28 · answer #11 · answered by Amy Hizzle 2 · 0 0

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