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Can a step parents income be considered?
I live in Texas, ex lives in Mississippi. We were divorced in MS. He took me to court and had his child support stopped. I could not go to the hearing because my daughter was in labor. I live 12 hours from MS. He won his case by default. He had it stopped because he quit his job to go to school. He is not responsible for any support until we go back to court in December. He is responsible for insurance on our son. His wife is working and is paying the insurance. If his wife is paying for the insurance shouldn't her income be considered for child support? They are married, have filed joint returns for 7 years. I know it sounds as though I'm being a witch but you'd have to know her. They refuse to give me any insurance information. If I want to use the insurance the doctors office will have to call them and they will give the information directly to the doctors office. Of course no doctors office will do this. Wouldn't he be in contempt of court? Also who would have jursidiction over the case Texas or Mississippi? My son lives in Texas and goes to school here.
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The court that issued the support order retains jurisdiction until it is transferred. It seems as though it has not been transferred yet so MS is where you are looking. You should have filed for a continuance when you realized you were not going to be able to attend the hearing. You'll be paying for that mistake for the year, it appears. You MAY be able to get the court to hear an appeal, but I doubt it. He should be required to provide YOU with the insurance information (as the legal and custodial parent). If he fails to do so, report to the court that he is not providing insurance. Many states do not allow step parent's incomes to be considered for support purposes. Those that do not allow it usually consider the parent's earning potential, meaning if he quit working to go to school, he would be on the hook for what he was making since the change in his income was voluntary. Missing that hearing was a very big mistake and I hope its not one you make again. As the primary custodian, I would also recommend trying to get the jurisdiction transferred to your local family court. Bonus for you that Texas has very little tolerance for non-custodial parents playing court games and getting out of paying support. |
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