[1cubanita]

I am married with a man who has 3 daughters from his previous relationship. While there are many issues to ask about, I have a couple regarding child support:

1) If he and I are now married, can she legally come after any of my income or assets for child support?

2) Would my income be used in calculating anything that has to do with child support he may owe her?

3) If he has provided some financial provision, yet not directly to the mother, but has ALWAYS taken care of the girls when they're with him/us, does that count for anything? How can it be corroborated if he did not save receipts or use a bankcard or checks? Any tips on this one?

4) If he has not worked at a steady job for nearly 3 years now (it's complicated, bear with me on this question), can the court ask for back child support considering he had no income to calculate on? He can substantiate how he has lived for the last 3 years without work, no problem.

I ask this only because traditionally it's the woman who is not working and the man who must pay. If she is working and he is not, can she ask him for child support, or can HE ask HER for it in court?

***** email address removed for their protection, all responses should be all posted as public answers please ***FC***

[cdad]

I am married with a man who has 3 daughters from his previous relationship. While there are many issues to ask about, I have a couple regarding child support:

1) If he and I are now married, can she legally come after any of my income or assets for child support?

2) Would my income be used in calculating anything that has to do with child support he may owe her?

3) If he has provided some financial provision, yet not directly to the mother, but has ALWAYS taken care of the girls when they're with him/us, does that count for anything? How can it be corroborated if he did not save receipts or use a bankcard or checks? Any tips on this one?

4) If he has not worked at a steady job for nearly 3 years now (it's complicated, bear with me on this question), can the court ask for back child support considering he had no income to calculate on? He can substantiate how he has lived for the last 3 years without work, no problem.

I ask this only because traditionally it's the woman who is not working and the man who must pay. If she is working and he is not, can she ask him for child support, or can HE ask HER for it in court?

]

Yes if he isn't working then so long as your married it may be counted when figuing child support. Bottom line on arrears is if child support is set and NOT paid that ceates an arrearage that mounts up. Unless he's letting the courts know his situation then it doesn't disappear just because he can't or doesn't want to hold a job.

To answer this question:
3) If he has provided some financial provision, yet not directly to the mother, but has ALWAYS taken care of the girls when they're with him/us, does that count for anything? How can it be corroborated if he did not save receipts or use a bankcard or checks? Any tips on this one?

If he has custody of the children then he is legaly and morraly obligated to take care of them when they are with him. Its kind of part of having children.. lol

[JudyKayTee]

[quote=1cubanita]I am married with a man who has 3 daughters from his previous relationship. While there are many issues to ask about, I have a couple regarding child support:

1) If he and I are now married, can she legally come after any of my income or assets for child support?

2) Would my income be used in calculating anything that has to do with child support he may owe her?

3) If he has provided some financial provision, yet not directly to the mother, but has ALWAYS taken care of the girls when they're with him/us, does that count for anything? How can it be corroborated if he did not save receipts or use a bankcard or checks? Any tips on this one?

4) If he has not worked at a steady job for nearly 3 years now (it's complicated, bear with me on this question), can the court ask for back child support considering he had no income to calculate on? He can substantiate how he has lived for the last 3 years without work, no problem.

I ask this only because traditionally it's the woman who is not working and the man who must pay. If she is working and he is not, can she ask him for child support, or can HE ask HER for it in court?

**** email removed for their protection **** FC

It is extremely dangerous to post this much info and your email address. There are all sorts of nut jobs (that's the legal term) out there to say nothing of having somebody involved in this case read this and decide the way you describe it is inaccurate or offends them.

[MsMewiththat]

TMI. If you are in the process of establishing a child support order, they may consider anything that he has provided, but no guarantees. If they come to the conclusion that he has an ability to earn a particular amount they may request that he pay that amount for a particular number of years going back and then monthly(Based on your state guideline) IF it means that the two of you continue to work it out that he not get employment to cover that amount then he would still be obligated to pay it. That is where your income would come in. Also they may require him to hold emplyoment to fulfill an obligation to his children out side of his current home. Even though the two of you have it worked out, it doesn't void the needs of the other children. Most states are now taking into consideration the amount that the custodial parent makes when concluding on the amount the non-custodial parent is obligated to pay. If his name is attached to assets those assets will be taken into consideration as "his". No one has to tell you that kids eat regardless of who is working or not, right. The children that are not in his home deserve some consistancy. If you were their mother, wouldn't you agree? Consult a family attorney and proceed with caution. Buckle up!

[Fr_Chuck]

No Judy I believe the legal term is wacco, since nut case relates to a food item and may make those people feel discriminated against.

But on the serioius note I have deleted the email from the OP question and from the copies of the question.

1. The rules of child support vary from state to state, what items can or can not be will vary greatly by state

2. In some states yes, your income can be included to determine child support, along with that of the custody parent family income.
In other states it will only be his and his ex's, and in some states it is just his income that is used.

3. If he does not have cancelled checks wrote to the mother marked as child support, almost never will other money spent count, since he is often expected to do the other things anyway, the child support is a paymnent to the custody parent

4. Even if he had NO income what so ever, every state has a min income that will be due, this is set differently in each state, but most use minimum wage as the wage they should have earned if they had no income, including time they may be in jail or prison also.

5. No, child support is paid by the non custody parent, that should have been decided at the time of divorce or separation, child custody should have been decided and a order of child support issued. And he will owe that amount even if a high amount, unless he has went to court and asked for it to be lowed based on his income