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Remarried, can my ex go after my new spouse's income for additional child support?

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  • Pursuinghappiness
    replied
    So, the trade off was this. I offered her custody in exchange for no child support
    You may have offered that to her but she can seek child support and back payment of child support anytime regardless of that agreement.


    ...since my new wife is the only on that is employed right now in our household, this is why I asked this question
    Your new wife's salary is less of an issue than the fact that she can have an income imputed for you. Unless there's some valid reason that you cannot work. You are responsible to provide financially for your child.

    Otherwise, I'm sorry about what happened to you regarding getting thrown in jail..sounds pretty crappy.

    Leave a comment:


  • Frustrated_DAD
    replied
    Start paying Child Support (CS) ASAP based on the table amounts.

    If you want more access and have to bring a court motion she will most likely seek a change in CS and request back arrears also. That is what I can see her doing.

    There is no locked down agreement when it comes to CS. If it was waived in a seperation agreement it can be changed later if you are not paying the table amounts required.

    Leave a comment:


  • monk15
    replied
    Well, I would say that my situation may be somewhat different than most people here.

    I initially had 50/50 joint custody and agreed to pay $500 a month. I might add they I also gave all of our family equity to my exwife as a means to allow her to continue a balanced lifestyle for our son.

    After our settlement, she had me arrested for child abduction while I was in legal custody of our son. During the week I was in jail waiting to be released, she filed a motion without noticed to reduce my access from 50/50 to 2 hours a week in supervised access. This took two and a half years to undue, until I was acquitted without filing any sort of defense at trial, no witnesses or evidence. She admitted at trial that she had misled the police with her statements, that I did in fact have legal custody at the time of my arrest and that she knowly left out that information when she filed her notice without notice with the family court to wipe out my custody.

    So, after complete financial ruin and being tagged as a child abductor for 2.5 years, we had to come to some sort of agreement in family court.

    By that point my son was ten years old and basically under her care full time for that previous 2.5 years. I knew getting custody and 50/50 back was unlikely due to the artificial status quo created by this event and the parental alienanin that was created as result.

    So, the trade off was this. I offered her custody in exchange for no child support, just accountability only for half the expenses created by my son's extra curricular activities and some essential clothing expenses as well.

    I have him in my care from wed to thurs every week and every other weekend, half the summer and half holidays. Not exactly 50/50, but it's a start.

    I've recently made it known to her that intend to expand my access, that of course was met with "you'll be sorry if you try that". The only thing I could possibly come up with is that she intends to seek child support now, since my new wife is the only on that is employed right now in our household, this is why I asked this question..

    Leave a comment:


  • MiViLaLoco
    replied
    Not unless you claim "undue hardship" in order to reduce responsibilites to your existing children.

    ps...you may want to do a "search" on your question. There are a lot of responses to this question already on the boards...

    Leave a comment:


  • Remarried, can my ex go after my new spouse's income for additional child support?

    Just a question. Thanks in advance.
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