When my fiance and I get married can his ex touch my income as far as child support goes?

Question

My fiance pays child support to his ex each and every single month as ordered by the court. We are concerned that it will go up when we get married as a result of my income.

Answer 1

It depends on whether you live in a community property state. There are 8 community property state, generally in the southwest plus Louisiana. In these states, both spouses' income belong to each spouse, so your income can be counted. This is an easy answer, but not without knowing where you life. It would be counted in my state--which is a community property state. I would think a family law attorney would answer this question for you over the phone for free. You could get a free answer by calling the state bar office in my state. If it is counted, I'd go one step further with an attorney and see if it could be avoided with a simple pre-nuptial agreement.

Answer 2

In most cases no it should not. Most child support is based on a percent of that person's income not withstanding a spouse. This means, if you and him were married today and the order were issued that it would still look at his single income. It will take into consideration any children he has after the previous child, and will take into consideration his cost of living, but again in general no it will not. Just like if you filed your income taxes together they cannot access your portion of the tax contributions.

Answer 3

It depends on what state you live in, your best bet is to simply call social services or child welfare in your county and ask. They would know right off the bat.

If no luck there, the clerk at family court should be able to give you the correct answer. Much better than on here, each state sets its own guidelines.

She probably would have to petition the court to have it changed regardless, and you would have the right to contest any changes before they are made.

Answer 4

It depends on the state in which you live, and also the way in which you and your new husband file your taxes. If you are in a "marital property" state, then it is possible that she can go after your assets. Only SOME marital property states allow this to happen, and it doens't happen often. HOWEVER, if you and your husband file a Joint Income Tax Return, then she CAN garnish your tax return.

On a side note: Why are you marrying a man who isn't paying his child support?

Answer 5

DONOT file your taxes together and try to keep as much of the stuff you can in your name and you should be ok

Answer 6

the entitlement should only be based on your fiance's income and not yours.

Answer 7

NOPE, they cant touch it... but i have heard about cases where the new wife's income was counted if he was unemployed...

check with your state (links are below, just click on your state and find the section you need).

DEADBEATS
http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.angelfire.com/creep/deadbeatparentssuck/
http://www.deadbeatjustice.com/list.htm
www.goodparentspay.com

INTERSTATE CASES
http://library.findlaw.com/1999/Jan/1/241468.html
http://www.policyalmanac.org/social_welfare/archive/child_support_02.shtml
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.htm
http://www.ericsa.org/
LONG ARM ACT (UIFSA) for INTERSTATE
http://www.ncsea.org/content.asp?contentid=614
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.htm
http://family.findlaw.com/child-support/support-basics/support-glossary.html
http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm
http://www.ancpr.org/uifsa_definitions_and_provisions.htm

CHILD SUPPORT CALCULATOR
http://www.alllaw.com/calculators/childsupport/

YOUR STATES CS POLICY
http://childsupportcenter.org/stateprofiles.php

AGE TAKEN OFF
http://www.child-support-collections.com/statute-of-limitations.html

ABANDONMENT (NO SHOW PARENTS)
http://www.alllaw.com/articles/family/

NOT ALL PARENTS LOVE THEIR CHILDREN
And "RATIONAL LIES"
http://www.alllaw.com/articles/family/child_custody/article7.asp

FREE LEGAL HELP IN YOUR STATE
(just click on your state to find contact info)
http://www.lawhelp.org/

LAWS and INFO
http://www.delinquentdad.com/csr.htm
http://www.womansdivorce.com/
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://law.onecle.com/new-jersey/ (change the state to yours)
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-support-info.html
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
(and background cks to find them)
http://www.usarecordssearch.com/
http://deadbeatsnitch.com/
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://omnitrace.com/Missing-Persons-Search.html?OVRAW=deadbeat&OVKEY=deadbeat&OVMTC=standard
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.peoplefinders.com
http://zabasearch.com/
http://www.crimcheck.com/personalreports.htm
http://www.easybackgroundchecks.com/
http://www.abika.com/
http://www.freeprf.com/
http://www.efindoutthetruth.com/
http://www.netsleuth.com/
http://netonlineinvestigators.com/index.asp
http://www.backgroundcheckgateway.com/
http://www.backgroundcheckgateway.com/locate-people.html

FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://www.naag.org/issues/issue-consumer.php

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

SSI AND DISABILITY
FOR CHILD SUPPORT
https://s044a90.ssa.gov/apps6z/ISBA/main.html
http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html
http://www.ssa.gov/notices/supplemental-security-income/
http://family.findlaw.com/

FIND YOUR REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php
http://judiciary.senate.gov/

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/
COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.irs.gov/publications/p501/index.html
http://www.irs.gov/publications/p504/ar02.html#d0e563
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411
INJURED SPOUSE FORM
http://www.irs.gov/publications/p504/ar02.html#d0e563

REPORT DEADBEATS (AND EMPLOYERS)
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

REPORT A DEADBEAT USING OTHERS
SS# TO AVOID CHILD SUPPORT
http://www.ssa.gov/oig/public_fraud_reporting/
http://www.ssa.gov/oig/hotline/

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

Answer 8

no only his assets. if you and him combine assets then technically yes.

Answer 9

it shouldnt, but I would ask a lawyer. remember it is his obligation, not yours