child support question

Discussion in 'The Watercooler' started by klmno, Jan 19, 2010.

  1. klmno

    klmno Active Member

    If a man is supposed to pay CS but doesn't have an income, but is married to someone who works, does he still have to pay and can they take it from the wife's pay? I'm trying to look at it like this- if I was married but didn't work and difficult child lived with someone else, I would still be expected to pay CS, right? Could they take the money from my husband's check in that case? Would they base the CS amount on being unemployed or that household income?
  2. witzend

    witzend Well-Known Member

    Generally they base the support upon "the needs of the child". What the ex can afford shouldn't have anything to do with it. If he can't afford it he should live more frugally or get a better job. In a perfect world...

    Go to google and search "your state" child support guidelines. There should be a formula there you can research. But remember, you can't get blood from a turnip, and if there is a change, you'll have to petition the court for it, which gives him a chance to present whatever he wants to say, as well. Be careful which worms may be found in the can.
  3. busywend

    busywend Well-Known Member Staff Member

    I can tell you in NY it is 17% of the non-custodial parents income. Their spouse's income is NOT included.
    I do not know if that would be any different in the non-custodial parent was not employed, but their spouse was. I tend to think they would not take the spouses pay.
  4. klmno

    klmno Active Member

    Here, they base it on income and there is amount ordered even if the parent is unemployed. I was unemployed but "had the potential to make more", so they based my amount as if I was working at min. wage. Now, difficult child's father is married (apparently as of just a few months ago). I do know that when he was married before many years ago, they could have gone after assets owned by both him and his wife, as marital property, to recoup for CS he never paid on his first child.

    I know about the can of worms, however, if this gets to a point of difficult child possibly going to my bro, it is best to open the can of worms. I'd told the GAL and judge a long time ago (in response to this direct question in court), I would prefer for difficult child to go to his father than to my bro if it ever got to a point where he could not live with me. His father does not want that, but time can be bought, I think, if necessary.

    Really, DSS is already supposedly going after difficult child's father but evidently they aren't being too aggressive at this point.

    I should add that according to online info, he has his own business so it shouldn't be hard to find him with a known business and home address.
    Last edited: Jan 19, 2010
  5. JJJ

    JJJ Active Member

    No, his wife has no responsibility to support your child. They cannot garnish her wages. They can (as you have seen) input him with a wage that he is capable of earning. Now if he falls seriously into arrears he could go to jail and his wife may choose to pay his cs obligation in order to keep him out of jail -- or she can watch him get carted off. Now if they file a joint tax return, any refund can/will be intercepted...
  6. witzend

    witzend Well-Known Member

    JJJ - that may not be so in her state. She should go to her state's child support website to see what laws apply to them.
  7. klmno

    klmno Active Member

    Thanks- I think I answered my own question. They will base his amount on his income. If it gets to any further point where he's found in arrears, they can go after joint, marital property in that state. I would have no reason to try to cause her harm but honestly, if she loses something because of his lies and incompetence and irresponsibility, that is his fault not mine as far as I'm concerned. It will probably never get to that point though.