When child support amounts are determined, do they take into consideration the amount the childs parents new spouses are making?
Example, my ex wife does not work, however her husband does, will his income be considered income for her also?
Any thoughts are appreciated.
2007-09-22 03:59:50 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
No, what they will do is consider how much she could make if she were to go back to work. they estimate her earning potential and go off of that.
2007-09-22 04:03:10 · answer #1 · answered by Flower Girl 6 · 1⤊ 0⤋
Each state has different laws, but your questioned piqued my interest because I had this same quandary about a year ago...with a twist. My ex-husband and his new wife started a business. They funneled most of his income into HER income, leaving him with a measly sum. Suffice it to say she is wealthy in comparison. She was making a wage a lawyer would make, he was making what an entry level office worker would make. Turns out (SURPRISE) the wife's income didn't count. We subpoenaed their bank records (you CAN do that by the way) to prove what they were doing, but they had so many accounts, and so many "transfers" that we'd have needed a forensic accountant (they have them, they're too expensive for someone like me) to get to the bottom of it. Since the judge couldn't tell which side was up as far as what he was doing with his income (i.e. hiding it) I get very, very little child support. So, I hope this helps. In short, no, the spouse's income will not be considered.
Just a P.S....if your ex-spouse, say, made $120,000 for the last ten years, then quit to be a stay at home parent, the judge will take in to account YOUR ex-spouse's earning potential based on the last few years (at least in my state, the last three or four). A lot of people quit their jobs out of revenge only to find that it's their earning potential that comes in to question during the hearing. If that helps any.
2007-09-22 04:08:43 · answer #2 · answered by Super_Star 2 · 0⤊ 0⤋
The children belong to you and your ex. The new husband or new wife have nothing to do with the childrens financial needs.
The children need to be supported by their mother and father only. Sometimes it sux but that is just the way it is.
My ex used to pay $890 a month for two kids when he was making about $23 an hour. I at the time had just started working again and getting on my feet from the divorce. I was only making $10 an hour and this was about 7 years ago.
The ex quit his good job (because he was tired) and was on unemployment for 6 months. Got a new job that paid him $12.50 an hour and at the same time I got me a better paying job that paid me $15. Needless to say my child support got cut in half. He now pays $430 a month to help me support the children we have together.
I hope this helps.
2007-09-22 04:59:31 · answer #3 · answered by Valentina 3 · 0⤊ 0⤋
No, his income will not be included. I believe it would be based on a percentage of the non-custodial parent's income as to how much will be paid to the child. There was a story on the former governor of NJ's wife asking for more child support. She has a good job of her own (making $85K I believe), but the child is still entitled to money from her father as well (although the amount is ridiculous, but hey, maybe I'm just jealous!).
2007-09-22 04:05:10 · answer #4 · answered by LolaC☼ 4 · 0⤊ 1⤋
They dont care. In Illinois the law says 20% comes out ot the paycheck for 1 child. Maybe your ex wife should consider getting a real job. No man wants to pay for another mans child.
2007-09-22 04:13:25 · answer #5 · answered by happydawg 6 · 0⤊ 0⤋
No they do not take in the new spouses income because they are not legaly responsible for the child. My ex tried to use my hubby's income because I don't work and the judge said no with the above reason.
2007-09-22 04:03:48 · answer #6 · answered by Spring 5 · 0⤊ 0⤋
Depends on the state. In Arizona, the answer is no. The ex's new spouses income is not usually part of the equation
2007-09-22 04:05:38 · answer #7 · answered by Bob D 6 · 0⤊ 0⤋
No ... Its not her child so it is not her responsibility or her Ex's. Birth parents are the only responsible party. Hope this helped.
2007-09-22 04:09:23 · answer #8 · answered by Hugs from Sugar bug 7 · 0⤊ 0⤋
depends on which state you live in. in georgia they do take into consideration the income of the household not just the person.
2007-09-22 04:04:35 · answer #9 · answered by Anonymous · 0⤊ 1⤋
I think if they are married all income counts as income becasue when you are married everything should be =
BUT I dont know sure I have not delt with this personaly
2007-09-22 04:03:59 · answer #10 · answered by iamhuntersmommy 3 · 0⤊ 1⤋