They go after his...not yours. In addition...just because he's going back to court doesn't mean he'll have to pay. She petitioned him to court and not he.
He'd be wise to bring both your W-2 forms for 2006 tocourt. Plus his and your most recent pay stubs. Mortage payments, car payments, utility bills and the like would all help.
That is of course you have a lawyer. In which case you're going to pay him for a simple task that you can do.
Judges hate these type of cases. They hate it even worse when some ambulanace chasing shyster gets involved.
Do what I suggest. Petition the court with your income. Its the best defense you have. Plus..if you two have a kid or two..throw their expenses into the mix.
Good luck
2007-05-16 14:28:02
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answer #1
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answered by Quasimodo 7
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Just what he makes. By the way why was he not paying support for his child in the first place?? and you have no business to get involved, when you married him did you not know he had a child?? why is it that he was not paying child support?? good for her because if he never paid child support, guess what he owes her past child support and the court will throw the book at him, what really gets me mad is that you are involved?? you are not this child's Mother, after all it seems that he moved on so why can't she??
2007-05-16 21:33:28
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answer #2
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answered by Anonymous
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The courts can only go by what your husband makes. You are not responsible for providing child support for his son. Peace and God bless.
2007-05-16 21:26:34
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answer #3
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answered by cave man 6
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They will go after him.
They don't take your income into it.
He hasn't been paying child support ????
They may go after him for back child support for how ever many years old the child is.
Kinda scary how much the women here know about child support.
Since she is out of work, the money will obviously be used for her to live on as well.
One of the cruel realities of life, the man has no chance in court in a divorce / child support situation.
They will rake him for every cent they can squeeze out of him, wether she needs it or not.
Bloodsucking vermon.
2007-05-16 21:35:50
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answer #4
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answered by Mr R 7
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Child support is for the child and has nothing to do with whether his ex wife works or not. He should be being 1/2 of the child expenses no matter what. With the ex wife not working, she might be asking him to pay 100% of the child support. He had the kid and he has to support her.
2007-05-16 21:23:15
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answer #5
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answered by Sir Richard 5
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In our state they look at the overall income which would include your income as well. I wish I could provide you with a direct resource but not knowing what state your in I'll give you the link to Illinois. They have an online calculating system where you can figure out what his portion of the child support would be. This might give you some reference even in your not from the state as to what to expect. http://www.divorcelawinfo.com/states/ill/cal/ILCSC.html
2007-05-16 21:35:40
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answer #6
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answered by Orion 5
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Unfortunately they do not care what you guys make. They only have to legally leave him with at least $500 a month to live on. That's the way it is in California anyway. I really don't know if they will look at your income but I think they do look at it but I think that's just to make sure you have income. Good luck!
2007-05-16 21:23:37
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answer #7
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answered by fourzenuff 2
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In SC, it is based on the parent's income ONLY.
A friend of mine is married and her ex took her back to court and it was based on HER salary. Since she did not work, it was based on min. wage.
ONLY your husband's wages will be taken into consideration.
2007-05-16 21:29:49
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answer #8
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answered by Anonymous
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Get a lawyer. Do not allow him to go to court without one. Yeah, I saw you say you're barely getting by. You can't afford for him to do this without a lawyer.
2007-05-16 21:24:17
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answer #9
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answered by sfcgijill 3
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they should only be using his income to determine what child support he needs to pay to support his child; they are going to tell her she needs to get a job too....
2007-05-16 21:23:48
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answer #10
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answered by abc 7
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