Ask Experts Questions for FREE Help !
Ask
    wolfen_777's Avatar
    wolfen_777 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 6, 2010, 03:40 PM
    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?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Aug 6, 2010, 11:57 PM

    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.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Aug 7, 2010, 12:38 AM

    .. 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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Getting the Child Support Money Back? [ 19 Answers ]

Ok, I swear it's real. My husband and I have been married for almost 4 years. We have 2 children together and he has an older son with his ex. When the divorce went through, he gave her custody of his son. She spent the last 5 years completely ing him up and finally (after her sister called DCF)...

Money in addition to child support [ 1 Answers ]

Am I required to pay additional money to the ex over and above my usual child support if it is not court ordered? I am being told that co-pays for medical and school fees are not included in child support and I am required to pay that in addition to the regular child support. Does anyone out there...

Paying child support but money is not going to child [ 2 Answers ]

I a child is no longer living with a parent, but has left the house, living on her own with boyfriend, and one of the parents is trying to still receive child support from the other, parent for a child who lives in a different county,and is on her own.The child is 17 years old and is no longer with...

Child Support Money [ 5 Answers ]

My question is if my child's mother is collecting FIB (welfare). When I pay my child support of $85 does she get the whole amount or just a percentage. Also, back child support if I have arrearges does she collect the whole amount owed or does the state Get my back child support. Please help

Who Gets the Child Support Money [ 4 Answers ]

I currently have 2 daughters with my ex girl and pay child support. My oldest daughter (17 yrs) is not living with the mother but with the aunt (I have proof that she's living there) for over 4 months and not getting a dime from the child support money. She graduating from HS in June and is going...


View more questions Search