I have question regarding child support?

Question

My ex is taking me to child support. She seemed to drop it on me the day after i got engaged(Seem strange). But she told me that she filed the paperwork already. I am planning on taking a paternity test, because I never signed an acknowledgement or the birth certificate. She keeps saying it is a process, but I just want the madness to get over quickly. I known her for years, and just hate that the relationship is so bad between. But we have a little kid involve, so it is not about us. I am willing pay child support, just my responsibility. But I want to get some information first
When I get married will my spouse income be included
Because I don't think she should have to pay for my previous actions before the marriage
Second, I want to file for joint custody
What will be my rights and responsiblities under that act.I love my son, but I just know under theses circumstance I just could get along with the mother, So I think it is best to go to court. I am just glad he is only one

Answer 1

No you spouses income will not count just yours. Unless they order back child support and they hold it out of your income tax checks. If you filed a joint return with you spouse they can take all of that money and she would have to file a claim to get her part back. File separate to avoid this.

Answer 2

If you marry, your spouse's income cannot be touched, at least, not in Ohio. You were smart not to sign the birth certificate. Before she can hit you for child support most states will demand a paternity test. If she refuses to bring the child in for testing she can't get anything. If you decide to help this child by donating money or items, be careful. That is, legally, a gift and will not count toward your child support, if ordered. The county will arrange the testing, and will provide you with the test results and a financial packet to fill out so they know how much you earn, and you'll be charged a percent of your income. You pay that into the Child Support Agency do not pay it directly to the Mother. (That would be a 'gift') The agency will keep track of everything. As for Custody, you can file for that, retaining a lawyer is really the best way to go because they know the ins and outs. But you can't get a court-appointed (free) lawyer for custody. Your rights and responsibilities will vary depending on state laws and the arrangement that you and the mother can agree too. You'll need to have some serious discussions and keep your fiancee's needs in mind too.

The first step though, is the paternity test - do not let her talk you out of any money or into any kind of sharing arrangement til that's resulted. Good luck, you sound like you care a great deal and will be a good Dad!

Answer 3

new spouse has nothing to do with support, unless she has kids and you can include them in the distribution of your income reducing the support to the ex.

From experience, although support is for the child, you should try to sit down and come up with a fair and equitable amount so the court does not do it for you,

Then, should you have kids in the future or your situation changes, you are paying a set amount. Not a percentage...

Joint cust. is always acceptable if you are willing to truly take on half of the responsibility. Most "others" are not. The key is not necessarily joint custody but joint placement, then you avoid child support all together....but I personally do not believe that is best for the child in any circumstance, so, pay a set amt if you can and be with your son every chance you can...

Answer 4

In most states your new wife's income will be considered in a child support award. Example:

Your monthly income=3000
Your wife's=3000
Your ex-wife's=3000
total 9000
The court says familial income of 9000 should pay 3000 per month child support(not an actual amount they would award, they use a scale, every state is different) Using these exampls, you would be responsible for 2/3rds or 2000 of the support. If your ex was married her husbands income would be considered also. By the same token if you weren't married but made 6000 and your ex made 3000 you would still be responsible for 2/3rds of the support because you make 2/3rds of the familial income.

This is true for a lot of states but not all.

Answer 5

Your signature is not required on the birth certificate in order for her to file for child support from you. Whether your spouse's income is included depends upon the state you live in. Some states do include a spouse's income. A human child is not a "previous action" a human child is a life long committment and when one chooses to marry someone they also choose to take on their responsiblities in partnership, if she has to pay she has to pa period. You have every right to file for joint custody, but you ex is right it is a lengthy process and is not going to happen overnight.

Answer 6

If you tell us the state we could help you out better but in general, and i mean the majority of states, your wife's income will not matter. Raising your child is your responsibility and that of your exwife's, not the new wife. The only state that I can think of that may take that into account is California, and I'm not sure. But in Cali if you and your wife have children then the child support for your first child can go down. So your ex wife better not be banking on a payday with the kid cuz as soon as your new wife pop one out the child support can be adjusted.

Answer 7

I'm not sure if your new wifes income can be used, but if you have joint accounts your bank account can be seized if you owe back support, as well as any other assets that may be in both of your names. As far as joint custody, you can get it if you want it. Child Support is not eliminated though by a 50/50 custody arrangement unless you both make the same amount of money. If you make more than her, then you will still have to pay some child support, but not as much.

Answer 8

Depending on the state that you live in...there are minor differences from state to state....but it boils down to this.

Joint custody is the majority of the outcomes when it comes to custody arguments....here's the reality

90% of the time courts will side with the mother...unless proven that they are unfit mothers....which is difficult in most cases.

Depending on age (usually under 2) you will not get many overnight visitations due to the courts ideal that a child is better off in the care of the mother.

After the age of two it is possible to work out a 50/50 custody arrangement....until school starts that is.

What the bottom line is in child support/custody debates, and forgive me if I sound harsh here.....Does your ex now view her son as a potential paycheck? Or is she in it for the best interest of your son?

And No....your fiancee has no financial responsibility to your child...not now....not ever.

Answer 9

You do not need to go to court if you be reasonable about this and pay a proper amount. Why do you want joint access if you feel in anyway the child may not be yours. If you had a child with someone and lived with them you may have to support them to. You could make an overall settlement then things could stay amicable between you. But if you choose to go to court you could end up paying more, you may not get what you want and the only people to make anything out of it will be greedy lawyers who love child cases because they can be draged out for a long time making lots of lovely lolly for them.

Answer 10

FIRST OFF< the figure child support based on you and your ex living together, combined income, YOUR NEW WIFE will not be added into it,, after all the kid is not hers,,,

do you feel the kid is not yours and you want a paternity test? if your name is on the birth certificate and you never fought it. I would think you would need a lawyer to fight it out if it turned out you were not the father, after all you are listed on the BC.

Divorce is so hard on the kids, show them alot of love, and do not bad talked the other parent

good luck,,,