Child support in all states is based on the payers income, not including the income of the spouse. If he owes back support, she can go after other assests such as tax refunds, extra vehicles, etc., things in his name. Talk to an attorney about your rights in your state. You can file your taxes as an "injured spouse" I think that's what they call it, so she doesn't get your portion of the tax refund. Or do what we did, we filed separately, I claimed our children getting the child tax credit, so his refund was lower and she didn't get as much. His ex was allowing her current husband access to the money even though they were going through a divorce themselves, we didn't want her soon to be ex husband to get the kids money. Now that he's long gone, the courts granted us our request to send her money to a checking account instead of a visa card so her ex couldn't still get money, and now we pay her his arrearages, nearly paid off.
Oh, and she can't stop him from visitation, ever, unless he's proven unfit or doesn't keep his CS current (meaning she gets something each week). She doesn't own that child and can't use the child like a possession. Do yourself a favor, keep good records, a journal, of phone calls you make, she makes (from what number at what time), money paid to her through the courts, stuff you buy the child, anything regarding her or the child. You may need it. Courts like people who are organized and can prove their case. If she goes in yelling and you are being quiet and polite and have papers on hand, who do you think the judge is going to listen to?
2007-04-09 12:01:21
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answer #1
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answered by dittersdoodles 4
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First of all for the sake of the child try to be calm always. You can assist your hubby by being as nuetral and supportive as you can of him and separating the support for the child from the disdain for the childs mother. You and your husband and the child will benefit from this in the long run because you guys will get grandkids and a son who visits you when hospitalized in your old age and who will have a better chance on becoming a good citizen and that child will recognize that his mom tried to destroy the relationship with a loving dad and step mom.
Too many time adults let their feeling over take the need that the child has and that is to be loved by both parents and if not both one of the adults. Kids already have it hard why complicate it even more over an 18 year span that can be detrimental or successful for a life time.
Stop the bitterness and just start saying o.k. and od wht you can do within the law to pay that child support. Your husband did make the baby. You married him and it seems that you want to stay with him.
I have ahard time understanding how women and men can put so much belief and protection into money and yet risk their life in a sexual relationship with someone.
So why not ease up and pay the support for the rest of the 18 years so that you, your husband , and his son can have a peaceful transition through these unfortunate circumstances of the demon woman.
she is who she is, but you guys do not have to assist her in making it difficult for the young child or yourselves.
You will really get her goose by not reacting and giving her any control in your marriage. Her mission is to disrupt the peace between you and your husband and you need to be a wise women and not direspect her, but use wisdom to overcome her foolishness. Be wise and do not be angry. Make love to your husband each time you are angry over the situation and speak kindness instead of bitterness to overcome this unfortunate thing that is not your fault,but just a circumstance that has befallen you! Be wise!
2007-04-10 14:30:18
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answer #2
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answered by Arene 3
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I think that it depends on which state you live in. I agree that I would not pay child support for a child that is not mine. This is a legal question that might best be answered by contacting your local county courthouse, district court , probably. I have a friend of mine, in Washington state, who married a delinquent dad, and even though he got fined for not paying his child support, she did not face any payment penalties. Also, this is something that he did before you were married, so why should you bear the punishment? Interesting question, though.
2007-04-02 18:08:30
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answer #3
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answered by haywoodwhy 3
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For the sake of your marriage, you have to separate the 'child' here from the 'beeyatch' . One is different from the other. She may be using the child to wreak some sort of revenge on your husband, or maybe she did in the past. That wouldn't be surprising - it's not uncommon. Time has passed. She may be feeling that the revenge urge has lessened and she has a new need - to get a break from the intensity that is child-raising. I have felt that need many times myself! In her case, it translates into 'Now, my son needs to be part of the new family unit his father has....' Welcome that opportunity! Your husband was turned away in the past (yes she was/is a beeyatch) but your husband's child was the pawn. Now here he is - are you going to punish the child by shutting him out because of the mother? If you think about it, that is what you would be doing.
As far as child support goes, yes, I think you would have to share your husband's debts just as you would share his income. I'm sorry all this has landed in your lap. I hope you come to like this child - if you do, or at least try to, it will be the greatest gift you could ever give your husband.
2007-04-08 03:59:54
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answer #4
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answered by kathyw 7
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If you don't accept the child as yours then marriage isn't right for the two of you. When you become married, you become one. When you have a child, he/she is a part of you. If you marry this man, you marry the child. If you really loved him then money wouldn't be an issue. Money shouldn't have this much control over your decisions. Take caution when dealing with it and plan for the future but do not let it run your life. Ultimately, you have to make decisions based on what is right - not on how much you gain or lose.
2007-04-02 18:06:03
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answer #5
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answered by Spanglish 2
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Thats a very good question, and I dont see why you should. Unless you signed a prenup stating that you dont have anything to do with his previous marriage or the support of his children I have no idea. Maybe get some legal advice on that one just to make sure. I wouldnt want to pay support for someone elses kid either. Good luck.
2007-04-02 18:02:03
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answer #6
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answered by ktsz 3
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Call the child support office in your state. I think its possible that if he owes money and you do your taxes together they can be taken. Also for checking and savings account even if they are joint. But think about this, if he doesnt want to support the kids he has now how about when you have kids with him?? Think about that before you get married.
2007-04-02 17:59:11
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answer #7
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answered by sticky 3
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All depends on your state, but truthfully, depending again on your state, I don't see how, since the when you marry someone that has a child, the step-parent really has no rights, it's more a less a priviledge if you will even to punish as the real parent, I'm married with children from a previous marriage, when my new husband read all this in the parenting info stuff they give you when you apply for a license, he was quite shocked, but they may consider "household" income, but really, my sister went through this herself and her income had no bearing on her husbands child-support obligation.
2007-04-07 10:38:22
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answer #8
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answered by Dolly J 3
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You are not liable for any debt incurred before your marriage. If the debt goes delinquent he will be pursued for his debt, but you personally are not responsible. BUT, as a couple, if you depend on both incomes to pay your bills, you need to keep in mind that someday soon, his income is about to be garnished for child support, which may or may not directly affect any JOINT debts you have with him, and your ability to pay them. If he cannot pay your joint debts, because he is paying past due child support, then your co-debts will fall on you as they fall behind.
Your feelings on paying for a kid that isnt yours is UNFORTUNATELY shared by your Husband, and the kid in question is his.
So my YAHOO question to you is, "Do you think this man will pay you child support if you should divorce him with a child involved?".
I dont know what your answer is, but I know what his will be.
2007-04-02 18:04:56
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answer #9
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answered by Dan The Answer Man 3
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no the child isn't yours just like they cant take your income taxes...theres a paper you have to file so they can`t touch any of your income taxes.
Don`t listen to any of the people saying they can make you pay because NO you don`t I should know I was married to someone that owed and they never went back on me. Like I said theres a paper you can get when you file your taxes so they can`t touch your portion.I`m not sure of the name of it anymore but you can ask someone like at H&R block of anywhere like that.You do have to pay for it though if you go through a place like that but not if you do your own taxes.I think you may be able to get it online.You might be able to call the 1-800 thats on your W2s for help.
2007-04-08 03:25:53
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answer #10
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answered by michelle 5
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