Can BM take my income for CS after DH lost job?
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Does anyone know if BM can take my income for CS after DH lost his job?
Would the courts order ME to pay her CS until DH gets a new job?
Do you know if the wife is protected against the greedy BM?
How can I protect MY income and make sure she keeps her nose out of it?
Thanks, all!
No, she can't. You are not
No, she can't. You are not obligated to the child, so they can't touch your income.
"You never realize how short a month is until you pay child support"
Nope. But..... your DH may still be required to pay
employed or not. If he has no income or resources to pay his CS with due to loss of his job then missed CS will accrue in arrears until he pays it.
Best regards,
Success is rarely final. Failure is rarely fatal. It is courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications)
Hope he goes in to report his lost income
Any income drop must be reported to the court to establish a much lower CS payment. Otherwise, he is on the hook for the amount that was most recently ordered!!!!!
The law might "say" they
The law might "say" they can't touch your income, but unfortunately, they don't really mean it...What they want is for the CS to be paid...they could care less who pays it.
With that said, if your DH loses his job, by the time they review his case, he would've accrued arrears and guess what? At the end of the day, if you don't pay it, he'll go to jail...period. So, they might not take your money, but if you don't pay it for him, he goes to jail. It might be that they actually lower it to the minimum, but he'll still have to pay...and again, if you don't pay it, it will accrue interest...and who will pay for the interest at the end of the day?
No
they won't make you pay for his CS, but he will still be responsible for it and he will only end up owing back support until he starts paying again. And I think if he gets behind $1,000 he can go to jail. At $500 they can intercept his taxes when you file. If he has back support owed at tax time you can file an "injured spouse" form and they will use his part of the refund for back support and not yours. You will still get your portion of the refund. We have been through this before and I did not hesitate to file the "injured spouse" form. That skank-bag wasn't getting my money either.
"They say God doesn't give you more than you can handle. I just wish he didn't have so much confidence in me."
No they can't take your income. But, they can keep DH on the
hook for his CS obligation whether he is employed or not.
I would have DH file immediately for a CS amendment to get his CS lowered to a level commensurate with his Unemployment Benefits. The longer you wait the more back CS he will be liable for.
Good luck and best regards,
Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications) To each according to their performance, screw Karl Marx. (Rags)
Hello
Question to this forum...HUBBY JUST HAD A CHILD SUPPORT CASE WITH HIS YOUNGEST DAUGHTER'S MOTHER, BEING THAT I'M MARRIED TO HIM CAN THE COURTS HAVE RIGHTS TO REQUEST COPIES OF MY INCOME. IF SO, THEY DID WHICH I DON'T UNDERSTAND Y. I'M IN NYC...PLEASE SOMEONE GIVE ME A BUZZZZZZ.
DRM, Yes the courts can request confirmation of your income.
I am married to the Custodial Parent in our Family Law/Child Support case. I have no biokids either from a previous or with my wife. I have been Dad to my nearly 17yo SS since before he was 2yo.
Even though SParent income is not supposed to be considered when calculating CS, it can be considered to determine whether or not a credit should be applied to lower the NCPs CS obligation.
In our case BioDad received and still receives a $1000/mo reduction in his income for calculation of CS because "StepDad makes a good living and BioDad should not be penalized by having to contribute to an artificially elevated standard of living for the Child". WTF ever that means.
The $1000/mo reduction in BioDads income only drops the CS level by ~$50/mo so we are not talking a huge amount of money either for what my Wife receives from BioDad or as a reduction in BioDads CS obligation.
The aggrivating element of this situation for me is that the toothless idiot worthless POS BioDad gets a benefit from my professional income. That just pisses me off.
But ........ there is nothing I can do to inject an iota of intelligence in the to the skulls of the idiots in the black robes who make these decisions.
If your DH is obligated to pay CS then your income should have no impact on the calculation of what your DH owes in CS. But, if you earn a significant income it will likely result in your DH getting no consideration as far as an income credit to lower his CS calculation.
Be careful how you interface with the courts as far as providing your income verification. I have refused to provide mine each time we have had to go to court and each time I have come within a few inches of a gavel stroke from going to jail for contempt of court. Ultimately I have had to provide confirmation of income but I have done so very slowly and grudgingly.
My favorite strategy for irritating the black robe clad idiots is to ask if I am a party to the case. The answer from the Judge is always "No, you are a step parent and not a party to the case". My answer is "Then my money is irrelevant and cannot be considered for any purpose regarding this case". The Judge and I go back and forth a few times with the "If I am not a party, my money is not a party" "Yes it is", "Not it's not" ..... until I get the "further refusal to provide confirmation of your income will result in me finding you in contempt Mr Rags. One more word out of your mouth and you are going to jail."
So I sit there silently looking at the envelope I placed on the edge of the Bench when I was first called to the witness stand. The Judge asks me a question and I sit there silently until the Judge figures out that I am being a smart ass and instructs me to answer the question. At which point I tell the Judge that telling me not to say a word or I am going to jail then asking me a question is kind of a Catch 22. The Judge then yells and asks me where my proof of income is and I (with a big old shit eatin grin on my face) point at the envelope that has sitting next to his gavel since I first took the stand.
At that point they usually tell me to get the hell out of their court room and go wait in the excluded witness room.
So, don't push it too hard or you my may end up on the short end of a contempt of court ruling.
Good luck and best regards,
Success is rarely final. Failure is rarely fatal. It is character, courage and consistency of effort that count. Vince Lombardi (with some minor Rags modifications) To each according to their performance, screw Karl Marx. (Rags)
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