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-   -   Can a court make the wife, help her husband pay child support? (https://www.askmehelpdesk.com/showthread.php?t=589976)

  • Jul 28, 2011, 05:19 PM
    blueimari
    Can a court make the wife, help her husband pay child support?
    Can a court make the wife, help her husband pay child support, if he is not making enough money required by system? Please help!!
  • Jul 28, 2011, 05:22 PM
    ScottGem

    ANY question on law needs to include your general locale as laws vary by area.

    Generally they can't make the spouse pay, but they may be able to take household income into account in determining the amount of support.
  • Jul 28, 2011, 05:23 PM
    joypulv
    No, but where are you getting this from? If you are a self employed couple, maybe, but we need to know what state you are in and why you are asking.
  • Jul 28, 2011, 05:27 PM
    blueimari
    Comment on joypulv's post
    I am in Texas, I just heard this from someone who doesn't even have kids, she said when you get married this can have an effect on the wife as well, he didn' t sign a birth certificate, but the child has his last name and the child is 15 now. He is paying back childsupport for 3 kids, who are all grown.
  • Jul 28, 2011, 05:29 PM
    blueimari
    Comment on ScottGem's post
    I hope that doesn't happen for his sake.
  • Jul 28, 2011, 05:32 PM
    Fr_Chuck

    The support he pays is based on his income, if he income went down and he did not go back to court to get it changed, that is his problem, ( not to sound mean)

    Now they will take a large amount sometimes, one child can be 20 to I have seen 40 percent) of total income for back support. If he does not pay, they can put him in jail.

    The new wife does not have to pay this, but they may have to pay other household bills, to allow husband pay his child support payment

    While the wife does not have to pay,
  • Jul 28, 2011, 06:27 PM
    blueimari
    Comment on Fr_Chuck's post
    I am the bread winner in the household at the present and I have no problem paying the bills, just as long as the court system doesn't touch my income, but his name is not on the birth certificate, now what?
  • Jul 28, 2011, 06:36 PM
    Fr_Chuck

    His name does not have to be on the birth certificate, if he has accepted paternity or it has been proven by DNA test.

    Or he just ignored any court hearing and he lost support hearing by not going.

    He needs to be sure that the payment is based on his income currently
  • Jul 28, 2011, 06:43 PM
    blueimari
    Comment on Fr_Chuck's post
    He hasn't taken a DNA test, he was just served today. This is not the mom who filed it was the child's aunt, because she resides with her, the mom is unfit to take care of her at this time.
  • Jul 28, 2011, 06:54 PM
    Fr_Chuck

    He needs an attorney,

    First does the aunt have court ordered custody ? Is that what she is filing for ? Has he had contact with the child ?
    He will of course demand a DNA test to prove he is the father.
  • Jul 29, 2011, 05:15 AM
    blueimari
    Comment on Fr_Chuck's post
    He asked her if she had court ordered custody over the phone, she didn't give him a definite answer. She wants money, plain and simple. He has had contact with this child over the years, he tried to swab her mouth and his mouth, but she refused to do it and called her aunt, and that is when he received the papers in the mail, not by a constable, to our front door. I always thought they had to be hand delivered.
  • Jul 29, 2011, 08:15 AM
    kcomissiong
    Ok, am I reading this correctly?

    -There are three support orders currently being enforced for arrears?

    -He has been served a petition to establish support for a fourth child?

    If this is correct, then he can move to establish paternity for the fourth child. If he is the father, he will be ordered to pay support for the fourth child. That support will be based on a formula, and will take into consideration the other orders. (Although if that other orders are all arrears and not current support, the amount will probably be higher) Your household situation will be considered (ie: does he not work and you support him)But you cannot be forced to pay support on his behalf. That being said, if the choice was between paying, or him being jailed, most spouses would choose to pay.

  • Jul 29, 2011, 02:39 PM
    blueimari
    Comment on kcomissiong's post
    He definitely works, he just doesn't make a lot of money.

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