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-   -   Can child support take money from my new husband (https://www.askmehelpdesk.com/showthread.php?t=495607)

  • Aug 6, 2010, 03:40 PM
    wolfen_777
    Can child support take money from my new husband
    I'm a stay at home mom I've had custudy of my son for the last 10 years now he wants to live with his dad.I don't work because I have 3 other children ages 4,5,8.icurrently do not work. How much child support would they force me to pay and can they take it from my new husband?
  • Aug 6, 2010, 11:57 PM
    GV70

    Most states set their minimum child support order at $50.00 per month, which is about $12.00 per week. Therefore, the revised low-income adjustment sets the obligation amount for combined weekly incomes of $100.00 at $12.00 for one child.

    A parent's income can change due to unemployment. It is not uncommon for the paying spouse to take steps to lower his or her income by refusing promotions or overtime or seeking a lower-paying job. Sometimes a parent will simply hide income.

    Imputed income is a method courts use to assign an income to a parent for the purpose of child support. If the court finds that either parent is, without just cause, voluntarily underemployed or unemployed, then the court will impute income to that parent. The court will use this imputed income to calculate the child support owed.

    A court will not impute income if unemployment or underemployment is not voluntary, such as when a parent is laid off and is unable to find suitable employment despite a good faith effort to find it. This can be shown by copies of termination notices, cover letters seeking employment, rejection letters, lists of appointments and interviews, job searches and a calendar of daily efforts made to find suitable employment.
    In my experience, each case is reviewed by the court on a case-by-case basis.
    Quote:

    Originally Posted by wolfen_777 View Post
    how much child support would they force me to pay and can they take it from my new husband?

    If you choose not to work, then the child support will have to come from another source.
    All states that I am familiar with , that use income shares mmodl or percentages, will not accept an explanation of unemployment or underemployment as an excuse for failing to contribute to their child's support.
    Actually, they cannot take it directly from the income of your new husband , but they can take it indirectly.
  • Aug 7, 2010, 12:38 AM
    GV70

    .. and finally-child support may be garnished by court order.
    This type of garnishment includes bank accounts and other assets.
    Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law but enforcing a child support obligation is exception to garnishment.

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