2007-02-12 16:23:15 · 11 answers · asked by James M 1 in Family & Relationships ➔ Marriage & Divorce
After speaking to a attorney I have found that in Okla. she can NOT. Thanks
2007-02-13 12:21:09 · update #1
No. In Oklahoma it doesn't matter what your wife makes. It's between your ex and you. They only go by what you personally make.
If you file taxes together though and you owe back child support they can take all of your refund. Your new wife needs to file seperately in that case.
I know because I am married to a man paying child support. It doesn't matter how much her new husband is making either. It is strictly between the kids parents like it should be.
2007-02-12 19:00:19 · answer #1 · answered by Karen H 5 · 0⤊ 0⤋
I don't know about Oklahoma, but they can in NY and the court didn't even care that I had 3 children of my own to support. They gave more than half of my income to my husband exwife and her 2 children and said supporting my children was my problem. My exhusband became a drug addict and collected disability, so he was exempt from paying any support. Hope for your sake that your state is more fair in these matters.
2007-02-12 16:38:26 · answer #2 · answered by Nana 3 · 0⤊ 0⤋
I don't know about Oklahoma, but in Michigan you can't. My ex tried that tactic, only in reverse. He tried to get his child support lessened when I remarried, stating that my household income had increased but the court soundly turned him down. They can only consider the incomes of the parents. Legally, your current wife is not financially resonsible for your children.
2007-02-12 16:42:20 · answer #3 · answered by LolaCorolla 7 · 0⤊ 0⤋
you should both have different accounts and don't file married joint, especially if you owe back child support.
But no, she is not responsible for the welfare of your kids..
if she tries and they do increase CS, your wife can sue on civil liberty issues and fraud. than your ex can be sued by the federal, state government and your wife
2007-02-12 17:29:26 · answer #4 · answered by ISSIK 3 · 0⤊ 0⤋
No. Your wife has no responsibility to help the child. But you are behind on child support and the court comes after you, then they can tag your common bank account to pay up what is owed
2007-02-12 16:56:26 · answer #5 · answered by Sir Richard 5 · 0⤊ 0⤋
Yes they can, if you combine your income. Such as same checking and savings account. If you put your income in one and hers in another then they cant touch the other spouse. If you both use the same accounts then it could be considerd yours even though it may be some of her income. I know this only cause friends of ours went though it. When he remarried they took their tax check cause of her back support she owed to her ex hubby(he had custody)....watch your backs the systems crazy!!!
2007-02-12 17:12:05 · answer #6 · answered by BELLABELLA 2 · 0⤊ 0⤋
Yes, it's percentage based.
2007-02-12 16:27:19 · answer #7 · answered by diva_m3 3 · 0⤊ 1⤋
She should not be able to do that as it is based on you income. tell your wife to keep her money in a separate account, not a joint account.
2007-02-13 01:15:17 · answer #8 · answered by swtlilblonde31 5 · 0⤊ 0⤋
don't think so- in Canada, that is not allowed. it is you that have to pay not your current
2007-02-12 16:27:04 · answer #9 · answered by manblind1969 2 · 0⤊ 0⤋
That is messed up. And if she can you need to move.
2007-02-12 16:27:39 · answer #10 · answered by bmikey79 2 · 0⤊ 0⤋