View Full Version : Can a wife be added to husbands exsisting child support with a nother woman
lateefah2009
Jan 13, 2009, 09:20 AM
I have been married for alomost 8 years and by husband has a 15 year old and a 13 year old with another woman. Lately she has been telling him she will take him back to court and have my income included in their child support case so that she can get an increase. Bottomline she also wants me to pay. Can she do this??
this8384
Jan 13, 2009, 09:46 AM
No. In the court's eyes, your income is just that - yours. You are not responsible to pay support for someone else's children.
Fr_Chuck
Jan 13, 2009, 01:53 PM
Well, it may depend on where you live, child support payments and how they are figured are done by state law in the US and there are 51 ( including Washington DC) methods of coming up with support.
I did see one time a few years back that a few locations look at the non custody parents household income to determine what father may owe. You would not owe, and your money not garnished but he may have to pay more
With my two older grown boys, their mother and I was back in court about every 6 months for 14 years over one thing or another. A divorced person should have their attorney on speed dial.
JudyKayTee
Jan 13, 2009, 02:05 PM
i have been married for alomost 8 years and by husband has a 15 year old and a 13 year old with another woman. Lately she has been telling him she will take him back to court and have my income included in their child support case so that she can get an increase. Bottomline she also wants me to pay. Can she do this???
If you are in a State where HOUSEHOLD income is taken into consideration, yes, your income is used in the calculations. The theory is that your husband is not paying all of the expenses by himself, you are assisting him, so he has more disposable income than a single person paying everything.
You "pay" indirectly because more of HIS income is taken. Your income (in theory) cannot be touched.
But it depends on the State.
this8384
Jan 13, 2009, 03:14 PM
well, it may depend on where you live, child support payments and how they are figured are done by state law in the US and there are 51 ( including Washington DC) methods of comming up with support.
I did see one time a few years back that a few locations look at the non custody parents household income to determine what father may owe. You would not owe, and your money not garnished but he may have to pay more
With my two older grown boys, their mother and I was back in court about every 6 months for 14 years over one thing or another. A divorced person should have thier attorney on speed dial
If you are in a State where HOUSEHOLD income is taken into consideration, yes, your income is used in the calculations. The theory is that your husband is not paying all of the expenses by himself, you are assisting him, so he has more disposable income than a single person paying everything.
You "pay" indirectly because more of HIS income is taken. Your income (in theory) cannot be touched.
But it depends on the State.
Wow, that's news to me. Glad Wisconsin doesn't think like that. Although they also don't factor in any other children that the payer is supporting, either; guess you can't win 'em all.
JudyKayTee
Jan 13, 2009, 03:17 PM
Wow, that's news to me. Glad Wisconsin doesn't think like that. Although they also don't factor in any other children that the payer is supporting, either; guess you can't win 'em all.
State to State it always surprises me. Several States use a percentage of a man's income for the "first family." Then they subtract that amount and use a percentage of the reduced amount for the "second family."
I've seen second wives who have decided it's time to start a family, have a child, move for a reduction in child support because household income has been reduced - and been told that it was her choice not to work. Support remains the same.
this8384
Jan 13, 2009, 03:30 PM
State to State it always surprises me. Several States use a percentage of a man's income for the "first family." Then they subtract that amount and use a percentage of the reduced amount for the "second family."
I've seen second wives who have decided it's time to start a family, have a child, move for a reduction in child support because household income has been reduced - and been told that it was her choice not to work. Support remains the same.
Yup, WI is one of the states you mentioned in your first paragraph. If we were to split up, I would get 17% of his income after they take out 25% and give it to her. In my eyes, that's this stupid state pretty much telling any 2nd or 3rd kids that they're just worth less.
Like I mentioned before, I had been talking to a friend who pays support for his kid about the possibility of my husband's ex trying to get more in support(he's had a raise since the last order was put into place). Friend said the state doesn't care if we have a child we're trying to raise; she gets 25% and that's it.