I am engaged to a man who is currently paying child support for his daughter who is 4 yrs old. His daughters mother is very vindictive now that he is in another relationship and took him to court recently to get more than the $600 a month he currently pays. She lives with her mother but told the judge she currently splits the mortgage with her mother paying her $900 a month and added a bunch of other expenses she has to pay. Neither had a lawyer but my fiance is now ordered to pay $1147 for one child. Which is 40% of his month income. She told him recently once we get married, she is going to seek money from me as well because as his wife she can receive 20% of my income as well. Is this true? We are currently speaking with a lawyer to adjust his payments as well.
2007-08-05 14:25:14 · 14 answers · asked by T J 2 in Family & Relationships ➔ Marriage & Divorce
The state is New York
2007-08-05 16:15:42 · update #1
No she cannot get a portion of your money. The laws state that a non-custodial parent can pay up to 60% of their income if single, but once married, that drops to 50% because he/she has other people to also take care of.
I can't believe that she is getting that much for one child. I would have the lawyer ask the ex for proof that she is paying 1/2 the rent. Receipts from her mother or something - chances are that her mother won't give receipts because that would have to be turned in as rental income on her taxes at the end of the year.
I have three children and only get $1000 a month.
2007-08-05 15:05:20 · answer #1 · answered by Scrapper 4 · 1⤊ 0⤋
What state?
I know for a fact that in Tennessee and Pennsylvania that the ex can attack the new spouses wages regarding child support because they see it as once the two of you get married you are "one" and you share everything.
But, in Mississippi the way the state see it is- you had nothing to do with creating that child therefore you have no financial obligation to him/her.
2007-08-05 14:30:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I would suggest visiting the Child Support Agency website in your country to understand the requirements for your fiance.
I am not aware of partners needing to pay child support, however, best to discuss with your lawyer to better understand the legislation
2007-08-05 14:31:29 · answer #3 · answered by hkapnopulos 1 · 0⤊ 0⤋
Sounds like she has been talking to lawyers. She has something up her sleeve.
Recently a woman sued the woman who broke up her marriage and won.
You'd better talk to an attorney of your own and not your boy friend's attorney. You might be putting yourself in a world of hurt. Keep in mind that you will be putting up with this women for the rest of your life.
I know one man who remarried and had his ex-wife coming after him every time he bought something. She managed to take just about everything away from him. He and his new wife had to move to Texas to get away from his ex-wife and her state's courts. Have your boy friend look into this with his lawyer.
God bless you.
2007-08-05 14:47:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
LOL!! NO , she cannot take YOUR money. That lady sounds like a crazy, jilted woman. It is highly unlikely her child support payments will remain that high for one child, and she has no claim to the hard-earned paycheck you bring home. Good luck, and make sure you ask for cancelled checks to prove the money she has been "paying" for rent, etc. to prove what she is claiming. Otherwise, It will not hold up in court.
2007-08-05 14:30:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋
From my understanding you assume each other's debts when you are married. Meaning, if someone isn't paying something, they can get it through the spouse. Whether it be taking it out of their wages or whatever. But I'd contact a lawyer to be sure.
2007-08-05 14:29:00 · answer #6 · answered by BlackDahlia 5 · 0⤊ 0⤋
You know, if she's that broke, maybe your fiance should be the one with custody. Might want to talk that over with him to bring up with the lawyer.
Oh, the income thing. It depends on your state's laws. In my state, if you keep your money separate and don't put it into an account he has access to, she can't touch it.
2007-08-05 14:28:39 · answer #7 · answered by open4one 7 · 0⤊ 0⤋
Thats outrageous, and would never deal with someone like that without an attorney present and did she present receipts for the mortgage and the other expenses?.... and yes your income will become included when you get married.....
2007-08-05 14:47:19 · answer #8 · answered by Renee 4 · 0⤊ 0⤋
I don't think that's possible, he should really try and get custody of his child so he doesn't have to pay all that money anymore, his ex wife is just a gold digger
2007-08-05 14:29:58 · answer #9 · answered by joannerz 2 · 0⤊ 0⤋
I don't think so....but stranger things have happened. What I would recommend is speaking to a lawyer to find out. If that is the case, you might consider keeping your money in your own bank account or something, that way she is unaware.
2007-08-05 14:28:48 · answer #10 · answered by endo_chic 5 · 0⤊ 1⤋