Ok here goes. I am going through a divorce. My soon to be X is threatening many things. My attny is asking for child support for another child we have together and alimony for a short period of time. I am NOT requesting child support for the foster child as I get money from the state. My X is stating that with the foster money I get, that I make more than he does currently. He is trying to scare me into submission but I believe that foster money cannot be counted as my income. Can someone please help me with this.
Thanks
2007-12-19 11:22:30 · 4 answers · asked by SDArizona 2 in Family & Relationships ➔ Marriage & Divorce
I am writing this for my girlfriend who is going through this with her X. This is why a male is posting this.
2007-12-19 11:46:32 · update #1
For one thing the Judge would be very interested in his threats to you which are illegal. Any money you get from the state for taking care of your foster child is NOT considered income. His threats are useless and let the Judge know about them. Ill guarantee theyll stop immediately. Good luck and Happy Holidays
2007-12-19 11:54:54 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
You cannot request child support for the foster child. You can only get support for your husband's legal children, which includes children born to the marraige or adopted by him.
From what I can see, the income for the foster child MAY be considered income for purposes of calculating support. It is not clear, because the statute only excludes child support from another relationship, welfare and SSI from consideration. Unemployment, social security , disability and alimony from another relationship, in addition to earned income are all considered when calculating any spousal support. It will be up to the judge.
2007-12-19 11:58:11 · answer #2 · answered by rlb1961 3 · 0⤊ 0⤋
No, the money you get for the foster child is not considered household income - it is specific for that child's maintenance.
doesn't matter if he makes less than you do - the amount of child support he pay is a set percentage of his income unless the two of you agree otherwise. Alimony, is a crapshoot - depending on many factors - there is no guarantee you will receive that.
2007-12-19 11:55:01 · answer #3 · answered by allrightythen 7 · 0⤊ 0⤋
I dont think it can either that money is for the child.
just fight it big time.
2007-12-19 11:29:03 · answer #4 · answered by peggin_beast 6 · 0⤊ 0⤋