My husband and his ex wife were divorced 7 years ago. She has never given him a problem with visitation or money matters (and, yes, he pays his child support on time and in full) until he recently married me. We have been together for 7 months and married three of those months. We have not seen the children in 7 weeks because she is using them as leverage to get more money. We have hired a lawyer and she is being found in contempt. She says that she has talked to a lawyer and he told her that she could get a percentage of my income and tax returns. My husband IS NOT behind on child support. Our lawyer says that there is no way she can get my income. Let me know what you think.
2007-12-20 08:01:25 · 23 answers · asked by jazzygirl110381 2 in Family & Relationships ➔ Marriage & Divorce
Thanks for all of your answers! Just one more thing.... How hard is it for a father to get custody of children these days? We have continually discussed this, but we don't want to drag the kids into a court battle. On the other hand, she is constantly bad mouthing their father to them, calls him and starts fights while the children are in the background screaming for her to stop, she will not work full time. She is a nail technician in a salon and only works when she has appts. She expects the child support to be used to support her household and when she gets low on money, she threatens us. I have tried to explain to her that if she didn't have the kids she would still have to support herself and that she cannot expect us to uphold our home and hers. My husband and I both worked our butts off and got degrees to get the home and lifestyle we have now. My mother worked 2 jobs to support me along with child support when my parents divorced. Why can't she?
2007-12-20 09:30:13 · update #1
I'll tell you what I think, not what might be true.
Bitter ex-wives consult an attorney and selectively perceive what they want to hear.
I suspect if it were a vastly unusual situation (i.e., you earned $10Million), the courts might think that your husband's situation had improved to the point where he could afford to give her more. Thus if you add you and your husband's incomes, you get one figure. If your income puts him on another plateau, he might have to pay more from his income. The net effect would be that the two of you would have less income. The numbers could vary, but the two of you might end up with less money. So if your separate income stays the same, your combined income might drop. Net effect might *seem* like she's getting part of your money. The system sucks, leaving no incentive for any divorced person to remarry.
In a more realistic scenario, I tend to agree with your attorney. But remember, the ex gets some mileage from merely threatening your income. And it's a response to her legal predicament - being in contempt by keeping his children from him in violation of the court order.
One more less-than-decent item. An attorney might want to generate billable hours by letting her believe something that isn't so. "You might be able to get a portion of *her* income" is a way to keep her paying for legal fees. Hope that the notion of unscrupulous in the realm of divorce attorneys doesn't shock you.
If you like your attorney, stay with him/her. I doubt you'll get better legal help here.
Good luck and have a great Christmas!
2007-12-20 08:15:14 · answer #1 · answered by going_for_baroque 7 · 0⤊ 0⤋
I don't know if it changes from state to state, but we just with through the same thing with my husbands ex, and in Oregon my income or her new husbands income does not matter. The court did look at our tax returns, but it was based on just my husbands income and his ex's income. Hope that helps and hang in there, it is a rough road. We have been married 8 1/2 yrs and still battling! But it can only get better from here!! right?!?
2007-12-20 08:09:46 · answer #2 · answered by loivin life 1 · 0⤊ 0⤋
I have heard this is in fact true. That it can be included as household income. I think it may depend on what state you reside in, so check the laws out where you are. If your attorney has said she can't, then that might be correct. This is definitely unfair and I believe the biological parents should be responsible for payment only. Is it not enough that a step-parent already spends extra money for the children and gives time and love (in most cases) and then is "forced" to pay out of "their" pockets. This law should be changed, it just isn't right.
Best of luck and shame on her for using the kids like that. How sad. Hang in there sweetie and I hope you find out that she can't get your money and then you can tell her to stick it up her "you know what" for just being evil to start with.
2007-12-20 08:21:07 · answer #3 · answered by 2008girl 3 · 1⤊ 0⤋
If you and your husband file jointly than yes she could get your income because it is both of yours BUT he would have to be behind on his payments first!!! She can not go after your tax return though if you file separately because YOU have no legal obligations to the children. That being said it is a waste of her breathe since he is not behind and she is just being stupid and did not do her research first!!!
You did the right thing by getting a lawyer ... because that is just horrible!! It is women like that who give us all a bad name!!
Children are not a means for financial gain and it is so disgusting that some "mothers" see it that way!!
2007-12-20 08:11:41 · answer #4 · answered by Stephmeister 4 · 2⤊ 0⤋
YOur lawyer is right - she can not go after your income - nor after your tax return. Child support is based on his and her income and that only off of the primary job...so if your hubby gets a second job - for example - she also could not go after that!
BUT - take her to court! It is important to put her in her place and let her know she can not do that to you!
HAppened to me too - once we got married the ex started acting out and started all kinds of sh*t... it passed - and I'm sure your situation will get better again too!
Good luck!
2007-12-20 08:07:08 · answer #5 · answered by Me 4 · 3⤊ 0⤋
Listen to your attorney. She is just blowing smoke up your ***. She is trying to get under your skin. They can raise his support, but it would be based on his and HER income. NOT yours. My husbands ex had my husbands support upped. She tried to have my income included, but was told she was S.O.L. there. Ignore her. Maybe he should be fighting for custody instead of a visitation contempt charge.
Since he isn't behind, she can't even touch his tax returns. The only time that happens is if he is behind on support.
2007-12-20 08:13:12 · answer #6 · answered by ♦justme♦ 6 · 2⤊ 0⤋
Nope. The only way "your" money can be used would be is if your husband quit work in order to avoid paying support. The court could then "impute" income to him, and make him pay support based on what he could make if he was working. In this case, since you would be earning the income, your money would be used to pay the support your husband owes. But she can't increase the amount of support she receives based on your income.
2007-12-20 08:40:03 · answer #7 · answered by rlb1961 3 · 1⤊ 0⤋
It depends upon what state you live in, she the children COULD be entitled to a portion of YOUR income based on the fact that it is apart of your husband's income. As far as her with holding the children she has it mixed up. She percieves child support as payment for visitation which it is not. Support and visitation are two different things, which is why she is being held in contempt. Him being behind or not has nothing to do with the fact that she might be entitled to your income...
2007-12-20 08:29:50 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Well your right she can't she's just full of it. And if she's not carefull your husband can file for full custody and get it . Because the courts do anything and everything for the welfare of the children. And if she keeps get in trouble in court she coudl lose custody of them. SO youi don't ahve to worry about your money because she can't touch it. But yoru income tax she might be able to if you and your husband file it together instead of separate, which you shoudl do.
2007-12-20 08:08:57 · answer #9 · answered by John S 5 · 0⤊ 0⤋
The only person she can legally go after is her ex. Not you.
If you want to get her off your back with a good scare I suggest having your lawyer file a motion for a hearing to examine her fitness as the kids' custodial parent.
2007-12-20 08:12:54 · answer #10 · answered by tiny Valkyrie 7 · 1⤊ 0⤋