can my husbands ex wife take him back to get more child support based on both our incomes?
my husband and I got married and I was wondering if his ex wife can now go after my income to increase her child support. Would it be better if my husband and I kept our money separate?
Related Information:
Tagged with: child support • Ex Wife • Incomes • money
Filed under: How To Get Her Back
Like this post? Subscribe to my RSS feed and get loads more!
States like California require the inclusion of your income in calculating modifications, so you will need to check your own state.
California Child Support Calculator
http://previews.tinyurl.com/Calif-CS-Calculator
But, child support guidelines are not set in stone. They are just guidelines. You can make a case for not paying so much.
1988 Public Law Record
SEC. 103. STATE GUIDELINES FOR CHILD SUPPORT AWARD AMOUNTS.
(A)(a) GUIDELINES TO CREATE REBUTTABLE PRESUMPTION.-Section 467(b)
of the Social Security Act is amended-
(1) by inserting (1) after (b):
(2) by striking, "but need not be binding upon such judges or other officials;" and
(3) by adding at the end the following new paragraph:
(4) "There shall be a REBUTTABLE presumption, in any judicial or administrative proceeding for the award of child support, that the amount of the award which would result from the application of such guidelines is the correct amount of child support to be awarded. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case, as determined under criteria established the State, shall be sufficient to rebut the presumption is that case."
NEVER pay your child support directly to the mother as it can be considered a gift and not support. Always pay threw the court.
If you want to learn how to do all this go to Dads House in Yahoo Groups. When you join, you’ll receive a link to an educational manual that will teach you what you need to know. Take the time to learn what you can and should do.
http://health.groups.yahoo.com/group/DadsHouse/
http://www.youtube.com/watch?v=ZZkuqnQJVLM
Child Support Calculator
http://www.alllaw.com/calculators/Childsupport/
Child Support Laws – At What Age Does Child Support Stop?
http://www.child-support-collections.com/child-support-laws.html
Layoffs, courts put some dads in jail
By Glenn Sacks and Dr. Ned Holstein
http://www.ajc.com/opinion/content/opinion/stories/2009/06/21/sacksed_0621.html
Hague Convention on the International Recovery of Child Support
http://www.internationalfamilylawfirm.com/2007/11/hague-convention-on-international.html
http://tinyurl.com/HagueConv
IRS FORM: Injured Spouse For When the Other Has Child Support Arrears
http://www.irs.gov/pub/irs-pdf/f8379.pdf
As for you as a stepparent, you need to check this:
http://previews.tinyurl.com/StepFamilies
sure can.isnt marrige great??
Child support is based only on his income, not yours.
Yes she can,and they count all money that both partners make no matter how you keep it. It all goes to the same home.
As far as i know and i have a child support order they can only use the biological parents income. Although if he owes back support and you file taxes together they can take that.
No, your income isn’t on the table.
It’s ALWAYS a better idea to keep your money separate.
You can have one extra account which is a shared account, but not the one your paycheck goes into for instance.
I would ask a lawyer this stuff. It’s very important. Also, ask what your legal responsibility is for the children under various circumstances. You should be armed for the future.
This question gets asked every week and every week it is the same answer. NO, your income does not count towards figuring his child support obligations, only the income he earns. Regardless of what Bob and Wonder say..
The only reason to keep the money seperate is if he is behind on payment because if they take a tax return or deduct the account then for the past due then it will take regardless of who’s income it came from. But for monthly owed amount again NO your income does not count
It really does depend on the state your in. Some states will actually look at that….but most do not.
Anne here’s what the "law" says:
if the children are living exactly EQUAL time in both homes, then yes she can take you back and try to base child support on your income as well, however if she is living with someone they will take his income into account as well
I’m going to assume they don’t have a shared custody arrangement with equal time. If this is the case, she can always take you to court, but the judge will laugh at her.
She can petition for anything she wants. But she won’t get it. Your income is not included in his support calculations.
Several states are passing laws that take the spouse’s income into consideration when deciding the amount of child support. I do not think this is fair and there are many places that do not do this, as of yet.
No. Your money cannot legally be taken into account ever. Please look up the local child support website, it will clearly outline this for you.
NO – only incomes of the bio parent’s are counted in figuring out child support.
But to be on the safe side, I’d stick to separate money accounts for awhile.
Definitely better to keep your incomes separate if possible. Joint assets may allow yours to be counted for child support.
.-= Jake@Child Support Attorneys California´s last blog ..Dirty Tricks To Get Your Ex Back =-.