Ask Me Help Desk - Marriage and child support

Quote:

Originally Posted by N0help4u

Exactly what I would think especially when another post GV70 said that the NEW husband could go after the real father for the money he paid to support the kids when they were not his.

Out of greenies so pat yourself on the back, instead - I remember this and thought I had printed it out. GV REALLY knows his stuff and I do remember it, remember being somewhat confused by the info at the time and had to sort of study it and now I can't recall what the situation was. Glad you brought it up - it may very well be pertinent here.

Was it someone who thought he was the father and then found out he wasn't? I don't remember.

Maybe GV will come back and set us straight because now I can't find the original post.

Quote:

Originally Posted by Pennsylvania08

When i emailed philadelphia family court, they said the spouse's income is not considered. his ex lives in delaware county though, so i will contact that office.

Quote:

Originally Posted by Pennsylvania08

I just called the delaware county domestic relations office and i was told that if the ex goes for modification, the court will only look at my boyfriend's income, even if we are married. the lady said because i have no responsibility for children he has with someone else.

Judy
She said when she called the Delawre domestic relations and e mailed the Philly office they both told her that if the ex goes for modification, the court ''will only look at my boyfriend's income, even if we are married''.

Quote:

Originally Posted by N0help4u

Judy she said when she called they said that she called the delaware county domestic relations office and i was told that if the ex goes for modification, the court will only look at my boyfriend's income, even if we are married.

Saw that - we were both on the keyboard at the same time. :)

I wouldn't believe those words unless they fell out of the lips of the Judge - that's not what my research indicates (but goodness knows I've been wrong before). Was explained to me that family income is the key because if SHE supports the father he has more money to support his kids - no opinion. That's what they said.

I think this is another, "Call and Attorney, go to Court, let us know what happens" questions.

Thanks for sharing

You mean if I financially support him? He supports himself. I'm confused.

Many relationships the wife pays a majority of the bills or 50/50.
So often it is looked at as household income as Judy explained where the Judge may not want to weed through who pays what.
BUT if the two places both told you they do not count new spouse income that is irrelevant.

Quote:

Originally Posted by Pennsylvania08

You mean if I financially support him? he supports himself. im confused.

If you contribute to the household you are helping to support him. That's is what Courts in other States have determined.

However, this is all moot - please let us know what the Attorney says and, if you go to Court, how that works out.

I will update you all. We are not married yet. Thanks for all your support.

Quote:

Originally Posted by Pennsylvania08

I will update you all. we are not married yet. thanks for all your support.

I know - that's why you asked if you should get married in another State.

Oh, I forgot I mentioned that JudyKayTee.

Hey ladies. Now the ex girlfriend, also the children's mother is saying she is broke because she has to pay her car note, car insurance and her cellphone bill. She is now asking my fiancé to help her buy stuff for the kids. Isn't her personal expense her responsibility? They agreed to a payment amount when they went to the 2 counseling sessions for each of the children. She agreed to the amount he gave, which is actually more than what a judge would have given her based on his income, and he having another child to support with me. His financial situation has not changed and him having my daughter, who is his second child, was not listed when they made the agreement for the stated amount. She gets free health insurance for she and her children, gets subsidy for the older child but is telling my boyfriend she need more money because she was told there is no funding for her baby to get daycare and she claims the baby is not on wic. She qualifies for all these things because she doesn't make much money. It seems as if she thinks he is the only one responsible for supporting their children. I advice him that those are your kids and if you choose to go out of your pocket besides what she is getting in support, is not looked at with the court but keep in mind you have another child to help me with. She also lives with her parents. I am confused on how the system works. I don't think she needs to be calling him to say she is broke because of her personal bills. Crazy situation. Any insights on this matter? My daughter is under his health insurance.

Legally he does not have to pay her more than the order says.
IF he wants to he can always give her more but it would be considered a gift and on him to do so. She maybe should find a part time job to cover her expenses or learn to do without some things but no it is not really your bf's responsibility to take care if her expenses.

Just what I figured. A judge would not want to hear that. Just like a judge would not want to hear him say he cannot support his children because he has to pay his car note or cellphone bill. The children should come first.

Quote:

Originally Posted by Pennsylvania08

hey ladies. now the ex girlfriend, also the children's mother is saying she is broke because she has to pay her car note, car insurance and her cellphone bill. she is now asking my fiance to help her buy stuff for the kids. Isn't her personal expense her responsibility? They agreed to a payment amount when they went to the 2 counseling sessions for each of the children. she agreed to the amount he gave, which is actually more than what a judge would have given her based on his income, and he having another child to support with me. His financial situation has not changed and him having my daughter, who is his second child, was not listed when they made the agreement for the stated amount. She gets free health insurance for she and her children, gets subsidy for the older child but is telling my boyfriend she need more money because she was told there is no funding for her baby to get daycare and she claims the baby is not on wic. She qualifies for all these things because she doesn't make much money. It seems as if she thinks he is the only one responsible for supporting their children. I advice him that those are your kids and if you choose to go out of your pocket besides what she is getting in support, is not looked at with the court but keep in mind you have another child to help me with. She also lives with her parents. I am confused on how the system works. I don't think she needs to be calling him to say she is broke because of her personal bills. crazy situation. Any insights on this matter? my daughter is under his health insurance.

He is obligated to pay her based on the Court Order or the agreement between the two of them. I can tell you the Court is not going to be terribly sympathetic about his problems supporting both them and your child as he had other obligations and chose to have another child - or "mistakenly" had another child. He should stay current with his agreement with her and then it's her call.

He is also the only person who can put an end to this problem by telling the ex that he pays his obligated support and to stop calling and asking for money. You have no legal standing.

I really do think that in community property states, if one married partner has children from a previous relationship (or marriage) and remarries, their combined income is considered "the estate" and according to any formula the courts use, the child support is determined and yes, part of your personal assets (income, holdings, retirement, etc.) is considered part of the estate unless, you maintained some type of separatism, such as an LLC or something. You really should seek the advice of an attorney in your jurisdiction or state because all that any of us can do is to offer an informed opinion, at best and I really think that you need something a little more reliable. Keep me posted.

To judy KayTee. I understand what you said. I wasn't trying to have a legal stand. My child is not the last child. So if he knew he could not take care of his first child, plus the one we had, he should not have been sleeping with the ex again. That is not my fault. Our child was not mistakenly conceived. My whole point is, one should financially be able to take care of all his/ her children. My child is actually receiving the least amount financially from her father. My point was is that she keeps asking him for extra money and nothing has changed in his life for an increase. My child is not factored at all in any of this. That's all. I do understand your opinion. He definitely needs to put an end to the drama and if she feels she want to take him back to court for more money, than she has all right to do so. I just wanted to know that if she was legally able to call him to complain about her being broke because she has a car note, insurance, and other personal bills!