View Full Version : Is a step-parent liable for spouse's child support if spouse does not work?
jfrog
Jan 11, 2012, 11:33 PM
As a step-parent, am I liable for paying child support on behalf of my spouse if my spouse does not generate income? I did not adopt her children, and just because I married her doesn't mean I should be obligated to pay her ex, or does it?
jfrog
Jan 11, 2012, 11:38 PM
Sorry, I forgot to mention the question pertains to California laws. This website unfortunately doesn't let you edit a question if you realize you made a mistake...
Thank you all for any advice!
ScottGem
Jan 12, 2012, 04:49 AM
Actually you can edit a question, but that ability is restricted to new members. You did the correct thing by adding an post to the thread you started.
The answer to your question is if the spouse is required to pay support, that support has to come from someplace. If the spouse does not generate income, then the spouse should go back to court for a modification of the support order. Until that is done the support is required to be paid.
On the other hand, you can't be compelled to pay the support. Your salary can't be garnished, nor can assets solely in your own name be attached. But joint assets could be.
cdad
Jan 12, 2012, 05:15 AM
Here is the problem. Since California is a community property state then 1/2 of what you make your spouse is entitled to. Also on arrears there is a 10% interest charge. They can determine child support on her last wage earnings. Somewhere the monies will have to be paid. If no money is paid then life can be made a real mess. So if you both have decided to have her stay at home then your both going to have to figure out how to pay the support order.
The child still has needs.