Does his income count too

[UnBrakeable]

What is the name of your state? I live in Florida. My Husband's Ex Wife lives in Mchigan. When she filed for divorce she had papers drawn that allowed her custody of their 4 sons. In the time between filing and the court date to finalize she signed papers giving the boys' Father custody. Child support was put in reserves. We have been trying to start collecting support since July of 2003. We filed out forms, paid fee's. A set of forms was sent to my husband last month (a two year review) and we filed it out and sent it in. She has told us a number of times to stop trying to get support because she can't afford to pay. She doesn't hold a job for more than a month, two months tops. It's come up before that is she keeps quitting her jobs then we'll attemp to have her new husband's income and assets included in the support order. She has said that we can't do that because they have a deal between the two of them where his stuff is his and her stuff is hers and they don't conjoin their money. They own their own business but we don't know how to find out who's name it's in or if Michigan is a Community state (where they actually will take into consideration her new husband's income to determine child support) and would love any info on if they will or what we can do to speed anything up as my husband is now in the hospital and will not be able to return to work for a number of months. Also, if she is ordered to pay, Will we be able to go after back support or not as at this time she doesn't have an order to pay? Thanks in advance.

 

[VeronicaGia]

What is the name of your state? I live in Florida. My Husband's Ex Wife lives in Mchigan. When she filed for divorce she had papers drawn that allowed her custody of their 4 sons. In the time between filing and the court date to finalize she signed papers giving the boys' Father custody. Child support was put in reserves. We have been trying to start collecting support since July of 2003. We filed out forms, paid fee's. A set of forms was sent to my husband last month (a two year review) and we filed it out and sent it in. She has told us a number of times to stop trying to get support because she can't afford to pay.

**Both parents are responsible for the financial support of their children. Keep trying, as your husband deserves the financial help.

She doesn't hold a job for more than a month, two months tops.

**Ask the court to impute income to her based, in the very least, on minimum wage at 40 hours a week.

It's come up before that is she keeps quitting her jobs then we'll attemp to have her new husband's income and assets included in the support order. She has said that we can't do that because they have a deal between the two of them where his stuff is his and her stuff is hers and they don't conjoin their money. They own their own business but we don't know how to find out who's name it's in or if Michigan is a Community state (where they actually will take into consideration her new husband's income to determine child support) and would love any info on if they will or what we can do to speed anything up as my husband is now in the hospital and will not be able to return to work for a number of months.

**MI is not a community property state. It wouldn't matter anyway because her husband is not legally responsible for the financial support of children that are not his. Neither are you. You need to keep at it; keep going for court ordered child support payments from her. Hire an attorney in MI if necessary.

Also, if she is ordered to pay, Will we be able to go after back support or not as at this time she doesn't have an order to pay? Thanks in advance.

**No. Support only goes to the date of filing. The issue was previously addressed and a judge decided that support would be reserved. Now, however, with an attorney's help, you should be able to get some kind of support order. But realize that it doesn't mean she'll pay it.

 

[UnBrakeable]

Re: Re: Does his income count too

MI is not a community property state. It wouldn't matter anyway because her husband is not legally responsible for the financial support of children that are not his.

~So what happens when they have a joint bank account and everything that they buy (Such as the second home that she opened her business in and the business that most likely got put in both of their names) has either his name or both on them? It seems that if it has Both of their names it should be considered, otherwise every person out there who didn't want to pay support would simply put everything in someone else's name or have someone else's name on it with them so as to get out of paying support.

 

[kidoday]

The FOC in Michigan looks at your pay stubs and W2's in regards to CS, not bank accounts.

Do as Veronica stated.

**Ask the court to impute income to her based, in the very least, on minimum wage at 40 hours a week.

 

[djohnson]

Re: Re: Re: Does his income count too

MI is not a community property state. It wouldn't matter anyway because her husband is not legally responsible for the financial support of children that are not his.

~So what happens when they have a joint bank account and everything that they buy (Such as the second home that she opened her business in and the business that most likely got put in both of their names) has either his name or both on them? It seems that if it has Both of their names it should be considered, otherwise every person out there who didn't want to pay support would simply put everything in someone else's name or have someone else's name on it with them so as to get out of paying support.

Once support is ordered and she gets behind. Any assets with her name you will be able to put a judgment on. But you can only put it on the percentage of hers. It's a very hard way to go about it and you have a long way before you can get there. Good Luck.