Child Support and current spouses income

In my state they look at the non-custodial parents household income( including his spouse's) and expenses( previous child support orders and health insurance for the child). The maximum is still 17% for child support. Deductions can be given for other children in the household if they are the non-custodial parent's biological child.

Why would the court need to consider the custodial spouse's income? The custodial parent and their spouse are already maintaining a household for the child which costs a lot more than the 17% of the non-custodial parent's income.
 
I have seen court ordered child support for a man with over 10 kids. Having a certain amount of children does not stop child support enforcement.


Krymsonkween said:
I also did not know if u have 10 children u don't have to pay child support! Why should that take away from u paying if u have 1 or 10?
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Thanks ladies for the help. I have passed the info on the her. Hopefully come Monday they can find out some solid answers.:yep:
 
In Florida they only consider the wife's/girlfriend's income if they have a child together which is his second family(he has to be living with this child to receive this credit). This could increase or decrease his existing child support payments because they have to take his second family into consideration. In most states, child support is determined by the biological parents income, daycare and health insurance expenses that's it. Your rent/mortgage, cable, student loans, lights and water bills are NOT taken into consideration.
 
At first I thought this sounded really unfair, having to pay for a child that's not yours. But on second thought, the new spouse of the custodial parent has to pay for a child that's not theirs. So I guess it's fair if the new spouse of the non-custodial parent has to pay.

Man, I didn't realize this. Yet another reason to not marry a man with kids.
 
In my state the new wife's income is counted. Her tax return can also be garnished if the father is behind on payments :grin:
 
BellaLunie said:
In my state the new wife's income is counted. Her tax return can also be garnished if the father is behind on payments :grin:
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(OT -- Yes, I found this out back when I learned that Whitney had to pay child support for Bobby. :look:)

I utterly refuse to date a man with a child(ren) for this reason. Our household income would already be reduced by him paying child support, as he should and rightly so. But, I should not be penalize for what happened before me.
 
Although I was asked to provide information on my DH's support order, my income was not factored in. DH's order was also decreased because of our twins and the various medical conditions they have. His ex asked for an increase, and wound up owing him for travel expenses for the last several years, as well as a $140 decrease.

His lawyer also said that any income taxes garnished from a non-custodial parent and spouse, can be retrieved by the spouse filing paperwork for injured spouse relief.

http://www.fairmark.com/spousal/injured.htm
 
It seems like it is a good idea to know the laws in your state.

As a mother who understands that marriage is a commitment and that when you commit to the man you also commit to his underage children, I would not have a problem if my income was part of the equation. I wouldn't want my kids to be living fabulous and then their half sister or half brother to be barely making it.

Even if I lived in a state where it was not required, I would still make sure the "other kids(s)" had what they needed. I would probably pick up extras if I saw something on sale that was in their size or if I saw something they liked.

It seems like some people look at a child only as a decrease in their income or standard of living. If you are doing well and you picked a spouse who is doing well, I don't see the problem. Now if dude is living paycheck to paycheck, he may not be a good candidate whether he has a child or not. I know I would not have married a single dude who was financially irresponsible.

There are lots of men out there who are supporting parents, helping younger siblings get through school, sending money back to their home country. So don't think that just because a man is childless, that he doesn't have other financial commitments or obligations that will need to be discussed and agreed upon that deal with "his money" and "your money".
 
Sheitab u really are a good stepmom. I also have to argue that u have some moms who make it very difficult to have a realtionship with your stepchildren. My brother's ex makes it difficult for my sister-in-law and also if we spend time with my sister-in-law and our nephew we don't get to see his children with his ex.

I do believe it can be a two way street when u put aside yourself and think of the children, but sadly alot of ex's don't look at it that way. Sarah and her husband are not arguing over the increase or the review just the fact that she does not want her income calculated. If they have to pay an increase they are okay.

I think some things where said on both parts that should not have been in the moment of stress. I hope they will work it out. Not all ex's are in that boat that try to make it hard but the old saying one bad apple spoils the whole bunch.
 
Theo said:
How does that work? Do you file taxes seperatly? how do you not pay if the state requires you to?
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We file seperate. I have the option of providing my income. It's not required.

As for income tax garnishments:

If you filed a joint return and you're not responsible for the debt, but you are entitled to a portion of the refund you may request your portion of the refund by filing Form 8379 (PDF), Injured Spouse Allocation. Attach Form 8379 to your original Form 1040 (PDF), Form 1040A (PDF), or Form 1040EZ (PDF) or file it by itself after you are notified of an offset. If you file a Form 8379 with your return, write "INJURED SPOUSE" at the top left corner of the Form 1040, 1040A, or 1040EZ. IRS will process your allocation request before an offset occurs. If you file Form 8379 with your original return, it may take 11 weeks for Electronic Filed returns or up to 14 weeks from the date of filing if you file a paper return, to process your return.
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In NY a new wife/husband is not legally obligated to support the children of their spouse's previous marriages or relationships. However, if the new spouse has joint assets (such a Community Property state) or a joint checking account those assets can be attached (assuming the parent is behind in support payments).

ETA: I'm a step-parent and had no problem dating men with children once I reached an age where most men did have a child or ex wife.

I find this thread interesting since I do imagine that the women with kids do not want to be taken out of the dating pool because they have a child; however, so many people do not want to date men with children due to child support obligations. I'm glad that my step-father overlooked my mother's child support obligations.:perplexed
 
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Krymsonkween said:
Sheitab u really are a good stepmom. I also have to argue that u have some moms who make it very difficult to have a realtionship with your stepchildren. My brother's ex makes it difficult for my sister-in-law and also if we spend time with my sister-in-law and our nephew we don't get to see his children with his ex.

I do believe it can be a two way street when u put aside yourself and think of the children, but sadly alot of ex's don't look at it that way. Sarah and her husband are not arguing over the increase or the review just the fact that she does not want her income calculated. If they have to pay an increase they are okay.
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The bold is my life and has been for the past 4 years. NO amount of talking or rationalizing has helped. I have no qualms with the amount of support DH pays. That's his responsibility and I have nothing nor do I want anything to do with it. I totally sympathize with your sister b/c no matter how good of a step-mom you are, if the ex is bitter and angry she will do everything in her power to undermine it. I'm glad my step-daughter allows me to love her and show her affection. I'm greatful that she allows me to be apart of her life. When she's with us she wants for nothing, we have no clue what her mother does with the money she gets. But as long as she is clothed, fed, and has a roof over her head it's none of our business. And that's how I feel about my income...it's none of their business.
 
Krymsonkween said:
I do understand the concept of supporting ur children. I know I may get screamed at for this one but so are the courts basicaly saying screw the new family and kids as long as the 1st is taking care of. The 2nd can live in poverty.
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No, the state is saying, "I'm not going to pay for your kids." The state doesn't care who steps up and pays for the kids as long as it doesn't have to. If the new family has children in the home, the state takes the money needed to support those children into account when figuring out the support that the other child should get.
 
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Krymsonkween said:
I also did not know if u have 10 children u don't have to pay child support! Why should that take away from u paying if u have 1 or 10?
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Because you and your 10 kids will probably be on welfare, i.e. taking money from the state. The state doesn't want you taking more of their money.

I remember doing an adoption for a man who married a woman with 6!!! kids! The guy was only 25, and of course they were on welfare. You know I had to get all up in their business as to WHY such a young guy would marry a woman with 6!!! kids! They're white, too, if that makes any difference. :look: Anyway, they had trouble scraping up money for their legal fees. Surprise, surpise. With 7 kids living in one house, I can see how that could happen, even though the guy has a professional degree.
 
blasianbeauty said:
I know a couple (well, older sister knows) this couple and the wife is helping to pay CS. To make a long story short, the "now" wife and another woman got pregnant at the same time. Wife (at the time just girlfriend) told her husband (bf at the time) that he had to choose between the two of them. Well, he chose her and he signed his rights away for the other child. Well, its going on 17 years now and guess what - they BOTH are paying this woman $1700 a month in CS. Yes, they factored in both of their incomes.:yep: So basically, this man and his wife are paying all this money for a child that they never saw.:nono:
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I thought that signing over rights meant you no longer had to pay child support. basically, you're giving up all claim to them whatsoever.

shenitab said:
There are lots of men out there who are supporting parents, helping younger siblings get through school, sending money back to their home country. So don't think that just because a man is childless, that he doesn't have other financial commitments or obligations that will need to be discussed and agreed upon that deal with "his money" and "your money".
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I agree, that's why people need to have thorough in-depth discussions about this before marriage, so you know what you are comfortable w/ financially.
 
^^

I thought the same.

In my state when parental rights are terminated so are child support responsibilities. It's tough to get the state to let you do it though, but they will. Also if you are in arrears on the payments you still have to catch up, but no further payments are do after the rights are terminated.
 
ladysaraii said:
I thought that signing over rights meant you no longer had to pay child support. basically, you're giving up all claim to them whatsoever.



I agree, that's why people need to have thorough in-depth discussions about this before marriage, so you know what you are comfortable w/ financially.
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He was still ordered to pay CS. I believe the state is AL but I can check with my sis to make sure. He's definitely paying though, I suppose that some states will still make the other parent financially responsible although they want nothing to do with the child.
 
This is just disgusting to me. Thank God I made sure to never date men with children. I wish somebody would make me take care of a child that's not mine :mad:
 
So I was dicussing the theme *stepparents funds being considered* and my friend responded with:

here in the great state of Washington, it works like this:

I, Friend, am the goal keeper of my uterus, and as such remain baby free. If I were so foolish, in this state and many others, to date for more than 3 years or marry a man who is a single father and we end up splitting, he can sue me for child support of the children that I did not bear. Because I "acted in a caretaking role or provided parental support" during the time that he and I were together, I am responsible for those children until they turn 18, turn 21 if they are disabled, or turn 24 if they are in college.

At the same time, if I seek joint custody or visitation, I am barred... because, after all, I am not a natural parent, and therefore do not have parental rights. Only payment obligations.
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Goes to show you gotta do your research!
 
"Apparently the courts atomatically reveiw the cases every so often". OP

Okay, this stuck out to me big time. I guess it really depends on the state. Each state is different in handling CSE. Now, again each state is different. I know of two married women whose husbands pay child-support and their incomes are not considered in their cases it is only the husbands. I know a married man who is now divorced, and he had to pay child support his wife's income was never considered.


Now, for the shocker which I see happening. When a man/husband who is NOT the child's father in some states/cases is having to pay child support. The system is crazy I know. ETA in these cases the mother and the step-parent has to go to court/state and reslove the issue so that the biological father pays the support.

BTW when my ex-husband remarried my ex is now divorced again in my CSE the state/court only looked at his income not his wife/exwife.

 
likewtr4chklit said:
The bold is my life and has been for the past 4 years. NO amount of talking or rationalizing has helped. I have no qualms with the amount of support DH pays. That's his responsibility and I have nothing nor do I want anything to do with it. I totally sympathize with your sister b/c no matter how good of a step-mom you are, if the ex is bitter and angry she will do everything in her power to undermine it. I'm glad my step-daughter allows me to love her and show her affection. I'm greatful that she allows me to be apart of her life. When she's with us she wants for nothing, we have no clue what her mother does with the money she gets. But as long as she is clothed, fed, and has a roof over her head it's none of our business. And that's how I feel about my income...it's none of their business.
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:yep::yep::yep:

LunadeMiel said:
This is just disgusting to me. Thank God I made sure to never date men with children. I wish somebody would make me take care of a child that's not mine :mad:
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:yep::yep::yep:

MahoganyJazz said:
Although I was asked to provide information on my DH's support order, my income was not factored in. DH's order was also decreased because of our twins and the various medical conditions they have. His ex asked for an increase, and wound up owing him for travel expenses for the last several years, as well as a $140 decrease.

His lawyer also said that any income taxes garnished from a non-custodial parent and spouse, can be retrieved by the spouse filing paperwork for injured spouse relief.

http://www.fairmark.com/spousal/injured.htm
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Something similar happened to DH. His ex-wife moved upstate & she wasn't being fair w/ the travel arrangements (she wanted him to pick up his daughter from her house & bring him back to her house.). He went to court & now she has to pick her daughter up on Sunday. Also, she has to reimburse him for his traveling expenses up there, and she can't move within this state unless she's moving closer to him.
 
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