What is the name of your state? CA and UT
I actually live in California, but am asking a question for a friend of mine. She has been married for a little over 4 years. Her husband had been married prior and I believe divorced since 1993. In his previous marriage he had 2 daughters who are now 18 and 15. I believe he only paid child support for 1 year since the divorce due to being incarcerated in 1994. He was incarcerated from Sept. 1994-Jan 2000 and then again from Apr. 2000-Oct 2004 when he was moved to a drug rehabilitation center and is there until Apr. 2005 when he will be completely released and on probation. He has now been working since Oct. 2004 as the program he is in allows him to have a job outside of this halfway house he currently resides in near his family-my friend whom he is now married to and has 2 children as well. (I know this is long, but it's complicated) His 2 sons are 10 and 4. When he was released his ex-wife, the mother of his 2 daughters sent their younger daughter who is 15 to live with her father and my girlfriend...she said she was tired of being a mother and it was his turn to take care of her. His ex-wife lives in California and he now lives with my friend and their children in Utah. Ex-wife dumped daughter off and she has been living full time with her dad's wife (my friend) and I think his ex-wife signed over legal guardian rights to my friend in order for her daughter to attend school in Utah. My girlfriend now has full responsibility of this daughter, which she doesn't mind, but the mother sends no money to help-my girlfriend has not fussed over this yet.
The problem is, her husband was served with wage attachment paperwork and they are now attaching 1/2 of his check toward child support arrearages. I understand and know that she also understands, but the amount is over $125,000.00 in back child support. I am sure it is for the years 1994-present, with accruing interest, but wonder if my girlfriend and her husband can file an OSC in court-L.A. County, where they were originally divorced to modify. Although I understand he will owed arrearages, shouldn't the mother be required to pay some sort of child support to my friend and her husband for being the custodial parents since Oct. 2004? Or, will the courts say that she owes nothing to them right now since he owes so much back child support? Please help. She's not sure what to do.
Also, when we run the California Child Support Calculator for an estimated amount of what should've been paid, her husband made no income from between 1994-2004 while incarcerated and it states that with him making 0.00 and his ex-wife netting $2500 a month, he would not be required to pay any child support if they were with her 100% of the time. I am not sure how accurate that is, but wonder if someone can help. What are the laws pertaining to someone who was incarcerated and not earning any money?
I actually live in California, but am asking a question for a friend of mine. She has been married for a little over 4 years. Her husband had been married prior and I believe divorced since 1993. In his previous marriage he had 2 daughters who are now 18 and 15. I believe he only paid child support for 1 year since the divorce due to being incarcerated in 1994. He was incarcerated from Sept. 1994-Jan 2000 and then again from Apr. 2000-Oct 2004 when he was moved to a drug rehabilitation center and is there until Apr. 2005 when he will be completely released and on probation. He has now been working since Oct. 2004 as the program he is in allows him to have a job outside of this halfway house he currently resides in near his family-my friend whom he is now married to and has 2 children as well. (I know this is long, but it's complicated) His 2 sons are 10 and 4. When he was released his ex-wife, the mother of his 2 daughters sent their younger daughter who is 15 to live with her father and my girlfriend...she said she was tired of being a mother and it was his turn to take care of her. His ex-wife lives in California and he now lives with my friend and their children in Utah. Ex-wife dumped daughter off and she has been living full time with her dad's wife (my friend) and I think his ex-wife signed over legal guardian rights to my friend in order for her daughter to attend school in Utah. My girlfriend now has full responsibility of this daughter, which she doesn't mind, but the mother sends no money to help-my girlfriend has not fussed over this yet.
The problem is, her husband was served with wage attachment paperwork and they are now attaching 1/2 of his check toward child support arrearages. I understand and know that she also understands, but the amount is over $125,000.00 in back child support. I am sure it is for the years 1994-present, with accruing interest, but wonder if my girlfriend and her husband can file an OSC in court-L.A. County, where they were originally divorced to modify. Although I understand he will owed arrearages, shouldn't the mother be required to pay some sort of child support to my friend and her husband for being the custodial parents since Oct. 2004? Or, will the courts say that she owes nothing to them right now since he owes so much back child support? Please help. She's not sure what to do.Also, when we run the California Child Support Calculator for an estimated amount of what should've been paid, her husband made no income from between 1994-2004 while incarcerated and it states that with him making 0.00 and his ex-wife netting $2500 a month, he would not be required to pay any child support if they were with her 100% of the time. I am not sure how accurate that is, but wonder if someone can help. What are the laws pertaining to someone who was incarcerated and not earning any money?
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