• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child Suport

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

STEPMOM TO TWO

Guest
My husband and I are currently trying to modify our child suport agreement. His ex refuses to work.
1: How can we calculate her income at anthing besides minimum wage ? (she hasn't worked in years)
2. Is my income as a stepparent automatically figured into the worksheet/ (We live in North Carolina)
3. Can she be asked to provide past years tax returns?
4. How can we check into her assets? She had a wealthy relative pass away, how do we know if she received an inheritance?
5: Is my husband's income adjusted because he and I had a child together? ( We are married) I.E. daycare costs for the baby/
Someone please help. She seems to have us over a barrel. She doesn't work and lives with her mother who supports her and her illegitimate child. It seems unfair that she is not required to pay much of anything to support her first two children just because she doesn't feel like getting a job
 


Z

Zoobie

Guest
I hear ya, same thing happened to my cousin. Her husbands ex wife refused to work but insisted that her girls go to private schools, wear designer clothes, take dance, karate, pottery and any other activity she could think of to make my cousins husband pay for it.

They dont usually take in to consideration any assets the custodial parent has. They look at the non-custodial parents "ability to pay". Your best bet is to have your husband quit his job or make as little money as possible. They base the amt. he has to pay on his income. Most states wont include YOUR income but they could care less about the welfare of any subsequent children you and he may have. Daycare for your baby will not be brought into the picture because like I said, they dont care about your baby, just the kids that dont have a father anymore.
 
L

ldelagra

Guest
You may be interested in the following site: http://www.secondwives.org/

The question they ask is "Is it constitutionally correct for the courts to consider children from a second family as second class citizens?" In my case, my daughter's father can not provide for her support because 50% of his income is going to his first child. This doesn't leave him enough money to cover his own necessary expenses. I have to handle some of his necessary bills. So, not only does my daughter not get support, I have even less money to support her than I would if I was a single parent. The argument could be made that, although legally I do not contribute to his son's child support, that support cost me money all the same. I imagine that you are in pretty much the same boat.

I believe that in most states your income can not be considered in determining child support but you need to go to your state's
family law statutes and read them carefully.

If the ex has not worked in years, you will have a difficult time getting the court to consider what she "could" earn. (You could do that if she had an earnings history). Sorry.

Good Luck and keep your chin up. You are not alone.
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ldelagra:
The question they ask is "Is it constitutionally correct for the courts to consider children from a second family as second class citizens?" <HR></BLOCKQUOTE>

This is due to a very good reason.. At the time the 2nd child is conceived, the parties KNEW about the 1st child and KNEW about the financial obligation to that child. Therefore, a decision to have a 2nd child must mean they are able to support both. If that person can not, they why should the 1st child suffer for that persons ignorance ?

I am not saying it is right.. just that is how it is written in plain English.
 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by STEPMOM TO TWO:
My husband and I are currently trying to modify our child suport agreement. His ex refuses to work.
1: How can we calculate her income at anthing besides minimum wage ? (she hasn't worked in years)
2. Is my income as a stepparent automatically figured into the worksheet/ (We live in North Carolina)
3. Can she be asked to provide past years tax returns?
4. How can we check into her assets? She had a wealthy relative pass away, how do we know if she received an inheritance?
5: Is my husband's income adjusted because he and I had a child together? ( We are married) I.E. daycare costs for the baby
<HR></BLOCKQUOTE>


1. Unlikely.
2. Not normally. In rare cases it can be if the child in question has health problems
3. Yes, but only in a modification hearing.
4. Assets are not relevant. Also the inheritance can not be used as that is a gift.
5. Generally no.. and in cases where the child can be used, your wage could be imputed as well.

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top