My ex has not been paying child support so I took him to court. He is now married, and she is paying all the bills. We have court Friday, and I need to know if he shows nothing earned on his past two W2's, will her income come into play. Also they own five homes, two in both their names, and three under just his wifes. Four are vacation homes that they rent out, and one is their residence. They have asked me to settle before court, I don't want to make a decision to settle, then regret it. Any input asap would be greatly appreciated!! Thank you!
2007-09-26 03:45:33 · 16 answers · asked by Angel333... 2 in Family & Relationships ➔ Marriage & Divorce
Just wanted to say thank you for all of your insite. I did decide to call his bluff, and asked to settle for a certain amount. He said no, I'll see you Friday in court. So, for that I am happy, because I want this done right, once and for all. Again Thanks to all!
2007-09-27 02:40:43 · update #1
OK. Your probably being asked to settle because they realize the income is going to be brought up and he is going to be paying more child support than he wants too.
Also....I work full time and my income is about 75K a year. My ex husbands ex wife tried to collect child support based on my income and couldnt do it. She wanted me to insure their children and she couldnt make me do that either. The judge told my ex to get a job, which he did not do. He was a mooch. Finally, I got sick of his shinnanigans and divorced him too. I bet he has a job now.
Dont listen to the answerers who have no idea what it is to raise children with no support. Everything he and his wife own and every dime they have is your business. He is trying to hide his finances thru his wife and thats just WRONG. Make her fess up. Your kids are owed. It has nothing to do with not keeping your legs together.
2007-09-26 03:52:35 · answer #1 · answered by happydawg 6 · 1⤊ 0⤋
Yes, I believe so. How is she living now without a job? They will ask her for a source of income and she can not get away with saying she doesn't have a job and her new husband takes care of her. She could never have a job and never have to pay you a penny? Yea right. Texas when I filed, even if the ex didn't have a job, the kids are still their financial responsibility as well. The court will give so many months to find a job, if she refuses, they will still give her a monthly amount to pay. If she can not pay it, it accumulates as back child support. She will have to pay back child support for the months she is not paying you. If she is married it does become his responsibility indirectly. The key is persistence and how serious your state takes child support. Texas seems to.Good luck
2016-04-06 01:56:07 · answer #2 · answered by ? 4 · 0⤊ 0⤋
No her income will not come into play. She has nothing to do with you and your husbands children with respect to income. You can't attach her money. Now if the houses that they rent are in his name and he makes income on these you may be able to claim that as income you could use for child support. Sounds like he is doing some creative money moving for tax purposes. I would ask an attorney about his rentals before you settle. Sounds like he is making plenty of money to pay child support if he owns so many homes. Sounds like he is a very deadbeat dad. Good Luck in court.
2007-09-26 03:55:50 · answer #3 · answered by smile4u 5 · 1⤊ 0⤋
her income does get counted...thats the sad part...You really should see a lawyer though. I know with my daughter...Her father is states away, never really sees her or anything... but he does pay court ordered & garnished out of his checks. With his wife, it's kind of tricky because alot don't like to go that route. But if their marraige is that he doesn't do anything, then she needs to pay up. I expect that just with my fience' and I. He's starting a job, but hasn't yet...we just moved in together a few months ago...but I know how it is. So I helped and made sure his girls were taken care of. As much as we don't want to see it this way... the wife is a step mom... not to replace you, but to add to the support and luv for the children...in the tech. since anyway. lol I know that I personally wrote a letter to his kids mom telling her that I understand the feeling and that I have my own daughter and have been on that side of things. That I just hoped we could have good communication, respect one another and act like adults. Because it's not about us, it's about the kids. Now, as for her with the letter... She has yet to repond and it's been months...aparently I took her back a bit.... But try it if possible.
2007-09-26 04:00:39 · answer #4 · answered by SunRise 2 · 1⤊ 0⤋
Do Not settle out of court! I would go through with whole procedure, if nothing else, just to piss him off. Apparently he has income if they have rental homes. You can't touch her money because of injured spouse, but if they both own the homes you have grounds. He could be thrown in jail for lack of paying support and possibly have his driver's license taken away (or any other license that he may have) Depending which state you live in.
2007-09-26 03:55:09 · answer #5 · answered by Miss Behavin 6 · 1⤊ 0⤋
They will not count the spouses income, but they will make him pay based on what he SHOULD be earning. Just because it isn't on W2's doesn't mean he won't have to pay. He is able (or is hiding it) and they will make him pay. Especially if they have that many houses and are obviously wealthy, I doubt it is all coming from the wife. I hate people like that. They are so selfish and bitter that they make their own children suffer.
2007-09-26 03:53:21 · answer #6 · answered by Kelly C 3 · 1⤊ 0⤋
don't settle! them renting out houses does count for his income! also, make him get current, before anything is agreed! I know... been there, done that... I have seen 3 similar cases not go down because they had to pay past due, first... he should have to get caught up first, before anything else is "lowered" or changed...! good luck... I believe since "they" own 5 houses they have to count that as earned income! don't ever settle... unless they are coming up w/ a huge lump sum... and I mean huge! good luck...
2007-09-26 04:17:44 · answer #7 · answered by elvlayarvvi fEisty wife and mom 6 · 0⤊ 0⤋
Depends the state you live and if they had pre-nups contract. If is common-law marriage, the assets are common for the marriage and the income is common for the marriage. If they want to settle before court it may means that the new wife income will be taken into consideration.
2007-09-26 03:54:26 · answer #8 · answered by jmclaudio76 2 · 1⤊ 0⤋
the wife has no claim to your children which means you have no claim on her property.
however, since they are married and he is not working then she will pay for the bills as they are married and they are both accountable for each others bills unless they are only in her name.
but as in death, when one spouse dies, the other is accountable for all of the deceased's bill as well.
don't make a claim until you speak to your lawyer.
My husband had to pay child support for many years, however, if he did not, they could not come after me.
but keep in mind, each state is different.
2007-09-26 03:51:26 · answer #9 · answered by Anonymous · 1⤊ 0⤋
This is something that can be answered better by your lawyer if you dont have an attorney you can ask your local Attorney Generals Office. They may be able to answer your question without giving you legal advice. Good Luck
2007-09-26 03:59:13 · answer #10 · answered by Sugastack 3 · 0⤊ 0⤋