First of all, let me just say as someone who has been through the whole child support situation you MUST obtain your support through the courts.....many reasons but the highlights would be that first and foremost your child is entitled to having the financial support (whatever amount it may end up being) of their biological parent and the father of this child has the moral obligation to provide that support -- it is your job as the child's mother to be sure that all of this happens ...for your child!...additionally, I say you MUST go through the courts so that you will have an enforceable order for the support....personal agreements almost never work and when the father chooses to stop paying (as he may well do in this type of agreement)there would be nothing you could do but to start through the courts as you should have in the first place which is nothing but more headache than you need.....
On to your question - as the biological parent your ex will be the only person named in the support order as the obligated to pay the support amount set...should he lose his job it is highly likely that his wife would choose to pay the support to avoid them having a debt building up in his name (which would effect them both in the long run) but NO she is under NO obligation whatsoever to pay any of the support - as his wife she may be contributing to the overall finances of the family which would mean she is in fact helping to pay the support but she is not legally obligated at all. Should he lose his job and she does not/cannot (completely understandable either way) pay the support for him the account will simply acrue an arrearage (the amound he is not paying each month) that will be an "amount due" once he again starts to work - after he is again employed the regular monthly payment will be collected as well as a percentage of the arrearage every month.
Once the order is in effect he will owe the money - regardless of his employment, it just might take longer to get it should he not be working.....it can be frustrating but it is worth it to know you are doing right by your child and requiring him to do the same..
Good luck and God Bless |