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Can I collect child support from my child's father and new wife as a total income?

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dbjudgrecovery

Junior Member
New York

Can I collect support from my child's father and his new wife as a total income? Or is it only taken from him. He hasn't paid support in a while and is more than $7000.00 behind. He only is required to pay $50.00 per week. I haven't had any luck with the child support office in my county and I am considering hiring a judgment recovery person to collect. He is working for himself so of cource he only claims a small % of what he actually makes.What is the name of your state?
 


VeronicaGia

Senior Member
dbjudgrecovery said:
New York

Can I collect support from my child's father and his new wife as a total income? Or is it only taken from him. He hasn't paid support in a while and is more than $7000.00 behind. He only is required to pay $50.00 per week. I haven't had any luck with the child support office in my county and I am considering hiring a judgment recovery person to collect. He is working for himself so of cource he only claims a small % of what he actually makes.What is the name of your state?
Why should you be able to do that? If he lived in a house with two room mates, should you be able to collect from them? If he lived with his parents or brother/sister, should you be able to collect from them?

Only you and he are financially responsible for the child.
 

nextwife

Senior Member
Conversely, if YOU lived with mom or someone else, should he be able to REDUCE his CS because YOUR "household" has MORE income?
 

Ohiogal

Queen Bee
jazzyjam said:
I blieve you can in the state of Ohio. That is just wrong tho.
WRONG!
Ohio bases the child support strictly on the income of the child's parents. Then a percentage is calculated to determine how much each parent is responsible. But it is only the child's parents!
 
B

betterthanher

Guest
dbjudgrecovery said:
New York

Can I collect support from my child's father and his new wife as a total income? Or is it only taken from him. He hasn't paid support in a while and is more than $7000.00 behind. He only is required to pay $50.00 per week. I haven't had any luck with the child support office in my county and I am considering hiring a judgment recovery person to collect. He is working for himself so of cource he only claims a small % of what he actually makes.What is the name of your state?
Why in the HELL do you think the spouse is LEGALLY OBLIGATED to a child that is NOT theirs?

Do YOU have a new spouse? Even if you did, do you think it would be fair for your spouse, who has no legal obligation towards the child whatsoever, should pay, too?

Also, if they are only able to collect 50 bucks, there is a reason for that.

I'd also like to add that if you decide to go with one of those "judgement recovery persons" or whatever they are called, they will not have any more luck than the GOVERNMENT agency will. If you decide to go with one of those collection agencies, the other parent can file for bankruptcy the very next day and have that back support wiped out and then you are screwed, as that back support will now be considered a debt -- like a credit card bill.
 
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Gracie3787

Senior Member
betterthanher said:
Why in the HELL do you think the spouse is LEGALLY OBLIGATED to a child that is NOT theirs?

Do YOU have a new spouse? Even if you did, do you think it would be fair for your spouse, who has no legal obligation towards the child whatsoever, should pay, too?

Also, if they are only able to collect 50 bucks, there is a reason for that.

I'd also like to add that if you decide to go with one of those "judgement recovery persons" or whatever they are called, they will not have any more luck than the GOVERNMENT agency will. If you decide to go with one of those collection agencies, the other parent can file for bankruptcy the very next day and have that back support wiped out and then you are screwed, as that back support will now be considered a debt -- like a credit card bill.
OP is in the "judgement recovery" business herself, maybe that's why she thinks that she can go after the new wifes money.;) https://forum.freeadvice.com/showthread.php?t=307619
 

CandiceH

Member
Wow! I cant believe that SOME ppl could be so damn greedy! A new spouse IS NOT responsible for a child that is NOT theirs! Do YOU want to pay for someone elses child? What if your ex had several more children, would YOU like YOUR childs support reduced? I keep thinking that I have the (blonde) questions but COME ON!

I would be dancing naked under a full moon if my ex's household total household income was taken into consideration! Then the ex would have to take pics of this to sell on the internet to pay his child support!
 

CandiceH

Member
Wow! I cant believe that SOME ppl could be so damn greedy! A new spouse IS NOT responsible for a child that is NOT theirs! Do YOU want to pay for someone elses child? What if your ex had several more children, would YOU like YOUR childs support reduced? I keep thinking that I have the (blonde) questions but COME ON!

I would be dancing naked under a full moon if my ex's household total household income was taken into consideration! Then the ex would have to take pics of this to sell on the internet to pay his child support!
 

Lisabyday

Member
I have been told in some states when there is a substantial amount of arrearages involved that the new spouse's income is taken into consideration only as to set the amount that the NCP will pay in order to get the arrearages cleared. Anyone know if this is true and if it is, maybe it is a route the OP may consider.
 
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betterthanher

Guest
Lisabyday said:
I have been told in some states when there is a substantial amount of arrearages involved that the new spouse's income is taken into consideration only as to set the amount that the NCP will pay in order to get the arrearages cleared. Anyone know if this is true and if it is, maybe it is a route the OP may consider.
NO!!!

The amount of arrearage has absolutely nothing to do with it. Some states have provisions (extreme) where an NCP's spouses' income could be factored if the NCP has been underemployed for an extended period of time. But again, it varies from state-to-state, if it exists, and the language varies.
 

LdiJ

Senior Member
betterthanher said:
NO!!!

The amount of arrearage has absolutely nothing to do with it. Some states have provisions (extreme) where an NCP's spouses' income could be factored if the NCP has been underemployed for an extended period of time. But again, it varies from state-to-state, if it exists, and the language varies.
Working for yourself and showing very little income is a form of underemployment. Its not so much that the spouse's income is included in the equation, its that the spouse's income may be taken into consideration in deciding how much of an income to impute to the ncp.
 

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