Child Support Increase: Are my Assets Protected

[stepmom65]

What is the name of your state?California

I am married to a man with 2 kids. He pays his child support regularly and he has 50/50 custody, visitation. We get the kids 15 days a month.

Since we've been married, we have not comingled any assets, bank accounts, loans, income...together.

I own my own home before meeting him. Loan is in my name only.
I pay the mortgage, taxes and home insurance and he pays for utlities, groceries, cable, car insurance.

We have separate checking and savings accounts, and I do not contribute any money into his accounts, nor does he into mine. We also have separate credit cards. We don't own any property together.

The 1 one item we do share is that car insurance the home insurance are with the same company, so the bills/policies comes in both our names...

Also, I purchase clothing and basic necessities for the children, including Baseball and Soccor leagues when dad is short on cash.

The x keeps filing court documents stating that she needs more money due to the fact that I work, and that "we" are homeowners....in her words.

Does anyone know if I'm protected 100% against the X attaching my assets/income for more support??? Is there something else I need to consider that I haven't mentioned already???

 

[Phnx02]

What is the name of your state?California

I am married to a man with 2 kids. He pays his child support regularly and he has 50/50 custody, visitation. We get the kids 15 days a month.

Since we've been married, we have not comingled any assets, bank accounts, loans, income...together.

I own my own home before meeting him. Loan is in my name only.
I pay the mortgage, taxes and home insurance and he pays for utlities, groceries, cable, car insurance.

We have separate checking and savings accounts, and I do not contribute any money into his accounts, nor does he into mine. We also have separate credit cards. We don't own any property together.

The 1 one item we do share is that car insurance the home insurance are with the same company, so the bills/policies comes in both our names...

Also, I purchase clothing and basic necessities for the children, including Baseball and Soccor leagues when dad is short on cash.

The x keeps filing court documents stating that she needs more money due to the fact that I work, and that "we" are homeowners....in her words.

Does anyone know if I'm protected 100% against the X attaching my assets/income for more support??? Is there something else I need to consider that I haven't mentioned already???

Your income/assets/property will not be considered for CS modification purposes. They are his children....not yours.....and he is the only one obligated to provide support....based on his income alone. Likewise, if the ex remarried, her new husband's household contribution cannot be considered when determining how much more or less your husband should pay in CS.

 

[VeronicaGia]

I don't know a lot about community property states, but CA is one of them, so the house could be an issue as far as placing a lein on it if he is in arrears. Hopefully IAAL will chime in here....

 

[I AM ALWAYS LIABLE]

I don't know a lot about community property states, but CA is one of them, so the house could be an issue as far as placing a lein on it if he is in arrears. Hopefully IAAL will chime in here....

My response:

After reading that post, the only question I had was, "Why did you bother to get married at all?"

No, your income and assets are protected. Insofar as the question of his community property rights to the valuation of the home, that only comes into play at time of divorce - - and only between these two people. The mother of the children cannot place any sort of lien on our writer's home.

IAAL

 

[VeronicaGia]

My response:

After reading that post, the only question I had was, "Why did you bother to get married at all?"

No, your income and assets are protected. Insofar as the question of his community property rights to the valuation of the home, that only comes into play at time of divorce - - and only between these two people. The mother of the children cannot place any sort of lien on our writer's home.

IAAL

Thank you for chiming in. I don't live in a community property state and don't pretend to know much about our posters question.

 

[stepmom65]

My response:

After reading that post, the only question I had was, "Why did you bother to get married at all?"

No, your income and assets are protected. Insofar as the question of his community property rights to the valuation of the home, that only comes into play at time of divorce - - and only between these two people. The mother of the children cannot place any sort of lien on our writer's home.

IAAL

Sounds old fashioned, but we wanted to set a good example to the children. We love each other, blah, blah, blah and felt that the children needed the sense of basic values established. Their mother has had many different men living in and out of the home, and has 2 kids since the divorce from guys that are history.

My 16-year stepdaughter is starting to date, and We're hoping that our positive home, will cancel out mom's inappropriate behavior.

 

[king sol]

My response:

After reading that post, the only question I had was, "Why did you bother to get married at all?"

IAAL

I have to agree with OP, what are you implying?

 

[stepmom65]

I have to agree with OP, what are you implying?

sol, are you directing your question to me/

 

[king sol]

sol, are you directing your question to me/

NO - stepmom65!

My question.......is directed at IAAL, and the "why marriage?" quote.

 

[I AM ALWAYS LIABLE]

NO - stepmom65!

My question.......is directed at IAAL, and the "why marriage?" quote.

My response:

Did you read the original post?

"Since we've been married, we have not comingled any assets, bank accounts, loans, income...together.

I own my own home before meeting him. Loan is in my name only.
I pay the mortgage, taxes and home insurance and he pays for utlities, groceries, cable, car insurance.

We have separate checking and savings accounts, and I do not contribute any money into his accounts, nor does he into mine. We also have separate credit cards. We don't own any property together.

The 1 one item we do share is that car insurance the home insurance are with the same company, so the bills/policies comes in both our names...

Also, I purchase clothing and basic necessities for the children, including Baseball and Soccor leagues when dad is short on cash."

Sounds more like a business arrangement than a marriage. The only advantage to this "marriage" is that Probate will be easier. However, rather than a marriage, our writer could have entered into a "Domestic Partnership" agreement. Marriage, from a legal standpoint (so please, don't give me any esoteric joining of the souls story) means to commingle everything, to join together everything that makes up a couple's legal lives. But, in our writer's facts, everything is "separate".

So, what was the point (again, from a legal standpoint) of saying, "I do"?

IAAL

 

[king sol]

IAAL-

Tax advantages, gift taxes, capital gain advantage, pension and retirement, social securtiy....

 

[stepmom65]

My response:

Did you read the original post?




Sounds more like a business arrangement than a marriage. The only advantage to this "marriage" is that Probate will be easier. However, rather than a marriage, our writer could have entered into a "Domestic Partnership" agreement. Marriage, from a legal standpoint (so please, don't give me any esoteric joining of the souls story) means to commingle everything, to join together everything that makes up a couple's legal lives. But, in our writer's facts, everything is "separate".

So, what was the point (again, from a legal standpoint) of saying, "I do"?

IAAL

You can call it what you want. This "business arrangement" protects me and me only. The children don't see this as a business arrangement, only a blended family. They have no idea what our finances are or what accounts we do have or don't have together. Our financial arrangement is of no concern to them and we don't share these items with them. All they know is that their dad is remarried, and their stepmother is one HECK of a nice lady.
If you've read any of my previous postings, the X is a money hungry B!tch who only cares about revenge and her own self. She is on welfare, plopping out fatherless kids and demands more $$$ every 6 months, from my husband..... We married out of love, but we are not stupid people. We both work full time and make well over $120K together. She can try to take whatever she want's from his income....but she's not getting any of mine. My income goes toward our home and also I pay for all the extra financial needs and "goodies" for these kids...out of the love from my heart to them. I've raised a son of my own already, and understand the importance of after-school activities and weekend sports leagues. Without my help these kids would lay around at home. If we comingled our assets, etc, there's a "slight" possibility that she can be awarded more $$ to spend on botox...and less money for these kids to enjoy an exciting and rewarding childhood.

Also, if I was to get hit by a cement truck, I want my husband to be able to manage my estate and yes, have access to my assets and such.

Don't think, in any way, we are trying to get out of paying child support. Child support is his responsibility not mine, and he's never been late. But he is not giving her any more than what the courts tell him to. Here's a funny short story...

We know that she is struggling financially...we understand that.. but it's been her choices that have caused her to struggle. My husband pays $900 per month. Anyhow, my husband has offered to give her more $200 more a month, to help out....He even started giving her the $200 more a month, she returned the check, saying that she wanted $500. He stated that $200 extra was all he could do right now, she said she can get $500 from the courts....Long story short, she took him to court and she gets a total of $68 more every month. So that's what he gives her....

Go figure