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The ex should support the child, the new spouse shouldn't have to. Unfortunately this is becoming common and many states take new spouse's money in consideration. It's why I always avoid dads and will always do so.
I'll push back on that a bit, in the sense that if an unemployed guy has a child who is living in poverty and then he turns around and marries Paris Hilton, I doubt folks would be like... "yeah, it's right that this kid is starving while the dad lives in a mansion and flies private jets". Especially if that kid was on welfare. Very few folks would be all "it's not the wife's problem" then. So I do think a case could be made that one parent shouldn't be living a dramatically different reality than the child.
I just don't know if that's the case here personally. Really it just sounds like dude is in a nicer house, but it's not like they vacation on a private island in Fiji or anything.
Actually, I would not change the way I think about this situation at all.
It is not Paris Hilton or anyone else's responsibility to send money for this child it is the biological parent who is responsible and it is not the new spouse responsibility to pay for his child no matter how much money she has.
So what happens if the non-custodial parent (who pays child support) quits his or her job because their spouse can comfortably support them? And let's say this new spouse makes a LOT of money. Is the non-custodial parent now completely absolved of paying child support since they individually have no income (yet just for the sake of argument, let's say they live a lavish lifestyle)? That's a pretty huge loophole. I think the issue is a bit more complicated than some folks here are making it. I don't know exactly what the answer is, since I too have an issue with going after a new spouse's income, but it seems just as bad to let deadbeats use this as a way to stop supporting their kids.
So you are expecting the new spouse to pay for a child they had no part in creating because you happened to marry a deadbeat who does not pay their fair share?
So what happens in your scenario of they do not marry but your ex spouse quits work anyway?
There is no "their" money so who do you go after then his parents? Siblings? Aunts, uncles cousins?
I don't think that if someone remarries their new spouse is responsible for the children of the previous marriage. However, I do think that in many circumstances you could make a case that the remarried parent, because of the shared household, has a lower percentage of his/her income going to basic needs (because s/he and the new spouse are sharing the costs of housing, insurance, utilities, etc.) and thus has more individual discretionary income, which could be redirected to the child or children.
i.e. Paris Hilton doesn't owe her new husband's kid anything, but if she's paying all her new husband's living expenses, his income is freed up and he could be giving more of it to his kid.
Nope. Then you have a situation where physical custody is determined solely by money. There will not be laws passed where an otherwise competent parent loses full custody by the sole virtue of income.
We don't need a law. I'm sure Paris can motivate the mother to willingly give up custody.
Quote:
Originally Posted by Tinawina
If that was so, every sports star and/or divorced celebrity would have full custody of their kids.
That's different. The actual parent is wealthy. We're talking about if the step-parent is wealthy.
Please contact your local Child Support Enforcement Office as we don't know the laws of your state and local jurisdiction. They can also assist with any child support modifications you may need or help you collect what is owed if that is part of the issue.
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Quote:
Originally Posted by Mattie
Your ex should have child support determined by the court system where you live. Whether or not the spouse's income is taken into consideration is up to them.
These posts pretty much nail it.
If the Dad isn't paying his obligation, speak with the court.
If the Dad is leeching off the sergeant to , among other things, escape paying his obligation, the court will ferret that out. It is NOT what the Dad makes that the court will analyze, it is what the Dad is CAPABLE of making that the court will use in setting the support figure. If he chooses to not work, then the sergeant's income may well come into play as the funds are there, the Dad simply chooses not to honor his obligation.
The court will have appointed a probation officer to monitor the Dad's payment obligation. Speak with him or her, explain that you are not getting paid (apparently), and let them enforce the obligation.
All other things being equal, the sergeant really has no obligation in this matter, but MIGHT be guilty by association if the Dad is leeching off of her.
In some states, the household income of each parent is taken into account. Your ex's household income has increased, therefore, the amount of support he can afford to pay has increased. However, I don't know how you can get it, unless your state is willing to garnish it from his wife's wages.
Ignore all the responses here that say not to go after money for your child any way that you can legally get it for the child. Talk to legal aid in your state. Refile for child support. Notify the state welfare office if your child receives medicaid. They'll go after them, if it's legal in your state. Also, it's possible that your ex's new spouse can provide insurance for a stepchild through TRICARE, if she's active military.
I am a single working parent and I have a teenage child with ex- husband. The ex has been happily married to new spouse who is an Army Sergent who has a steady income. I want to know if it's worth fighting and going to court to see if new spouse income could be factored into the child support calcualtion. This would give the ex no excuse that he has no money. If new spouse loves him enough to take care of him, give him a place to live, and her car to drive, then her funds should be factored into child support. No I am not looking to get an increaseI'm just looking for ways to get him to do what is right. Surely if I was to remarry my new husband and my income would support my child and no need to go to court for that this would be automatic. That's why I believe the new spouse's income should be factored in child support. The ex and new spouse should do the same and provide income for my daughter. When 2 people marry they become as one. If ex has an obligation to provide for his daughter and fails to do so then the new spouse should share in this responsibility since the two are now one. I just notice how ex's are jumping ship in not taking care of their children and living it up by being taken care of by their new spouse. If there was a law that stated new spouse's income would be highly considere and /or included for the dead beat parent's financial obligation (child support), they would think twice about marriage or they could encourage the deadbeat parent to become responsible!
What are your thoughts?
The present new wife"s income of your ex husband has nothing to do with your child expenses. you can ask the courts but she can say NO because the child is not hers. As your posts say at least he pay his alimantation for his child. She may earn millions but she is not responsible for your child's expenses, as I see in your OP she is a teenager I am quiet not sure how long a father responsible for child support. Be satisfy with what he pay. If you like you go for a fight any may be lose what ever he pays at the moment.
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