Can Girlfriend's Income by considered?

[stepmom65]

What is the name of your state? California

I'm asking fo my sister-in-law, she doesn't have access to a computer.

My sister-in-law and my brother have been divorces 7 years, 2 kids. They are both messed up emotionally, and I don't condomn any of their issues.
Here I go.

My brother has been living with his girlfriend for 5 years. The g-friend works, owns her own home, etc. They don't have any accounts together, and don't have assets together.

My sister-in-law (another story) had been receiving CS up to a few months ago. My brother got tired or her want, want, want behavior and decided to quit his job, his g-friend has been supporting him.

She knows that the CS just doesn't stop and she can take legal action to get his income imputed, etc...and if he doesn't pay, she knows that he can go to jail. He know he can go to jail, etc. It's a no-win situation for both, and a lot of pain involved for both.

My brother owns nothing, has no bank account, closed it. G-friend is the only one with income. My brother is an idiot, this I already know..so spare me the bashing. His g-friend is not much smarter.


Question: If my brother is living with w/his g-friend, and he doesn't have any income at all. And there's no proof that the g-friend is giving him any $$ to spend, can my sister-in-law go after the g-friend's income and/or assets to collect her CS. ??

Is the g-friend in any way responsible for this debt???

thanks for your comments.

 

[stepmom&mom]

Even if it could be proven that his girlfriend is supporting him, she is not responsible for his debt. Period.

 

[VeronicaGia]

Why would you think someone completely unrelated to the child should pay support? What if your brother was living with another male, simply a room mate? What if your brother was living with YOU? Or your parents? Should the income of any of these people be considered?

She needs to file a contempt of court action against him. And you should do your best to keep out of it; don't let either of them suck you into their problems. It will only come back to bite you in the end.

 

[dccougar]

On the other hand....

Why would you think someone completely unrelated to the child should pay support?

Well, I'm not an attorney, but I imagine that the sister-in-law could possibly attempt to argue that your brother and his girlfriend are legally married via "common law", especially if it can be proven that they've been living together for five years. If she is successful in that argument, your brother's girlfriend's income might be vulnerable.

Edited to add: I don't like this possibility one bit! It doesn't seem fair, and if there's one thing the law should be, it's fair.

 

[VeronicaGia]

Well, I'm not an attorney, but I imagine that the sister-in-law could possibly attempt to argue that your brother and his girlfriend are legally married via "common law", especially if it can be proven that they've been living together for five years. If she is successful in that argument, your brother's girlfriend's income might be vulnerable.

Edited to add: I don't like this possibility one bit! It doesn't seem fair, and if there's one thing the law should be, it's fair.

The state of CA does not recognize common law marriage.

 

[dccougar]

The state of CA does not recognize common law marriage.

Well, there you go.

 

[stealth2]

Well, the court is certainly not going to be impressed with his quitting work and sponging off of someone else at the expense of his kids. So your bro shuold likely expect that, unless he starts paying up, he may lose his license, his bank accounts and tax refunds can be seized, he could be arrested, liens could be placed on any property he owes.