View Full Version : Child support
M&Mdelite
09-03-2007, 11:33 PM
If a married man has a child outside of his marriage and becomes unemployed, can his wife be forced to pay child support to the child's mother?
moderate
09-03-2007, 11:52 PM
If a married man has a child outside of his marriage and becomes unemployed, can his wife be forced to pay child support to the child's mother?
I'm not real sure, but I would say No. However, if they have any joint bank accounts, I'd get his name off of them ASAP. Him being unemployed does not excuse him from his payments, and joint accounts can be debited.
M&Mdelite
09-04-2007, 12:11 AM
Thanks Moderate for the quick reply.
MichelleG.
09-04-2007, 08:50 AM
If a married man has a child outside of his marriage and becomes unemployed, can his wife be forced to pay child support to the child's mother?
this actually varies by state,overall I would say no but there can be cases where it can happen. Say if the father is thousands behind they might make the wife pay.
~Sal~
09-04-2007, 09:33 AM
Wow, that is an interesting question. There is the legal aspect and then the ethical aspect.
I worked with someone who went after the guy's estate after he died. She got some, but not alot (relatively speaking). She had never filed for support from him while alive so she ended up getting a monthly government cheque as well.
Go figure, the guy dies so I along with everyone else has to pay.:rolleyes:
let1959
09-04-2007, 11:16 AM
I know if my sons were still little and my ex was behind on support payments, his new wife would have a cow if I tried to go after her for the money! My ex's life would be hell...oh, wait a minute, it already is! LOL:lolhit:
All jokes aside, it probably does vary from state to state and I would definately take his name off any joint accounts to keep them from coming after me.
TylerBabe
09-04-2007, 11:24 AM
I know if my sons were still little and my ex was behind on support payments, his new wife would have a cow if I tried to go after her for the money! My ex's life would be hell...oh, wait a minute, it already is! LOL:lolhit:
All jokes aside, it probably does vary from state to state and I would definately take his name off any joint accounts to keep them from coming after me.
His name would come off the joint accounts because that's what happens when you get a DIVORCE!!!! ;) :lolhit:
Ride4Life
09-04-2007, 11:38 AM
His name would come off the joint accounts because that's what happens when you get a DIVORCE!!!! ;) :lolhit:
I think the subject was his new wife.
Here in CA, you assume te debt of your SO as soon as you say "I do", or after 9 months when it becomes binding common law.
If theyre shacking together, then make sure theres no joint accounts, and that includes a house. If theyre married, then she's responsible for his wrongdoings
rendova
09-04-2007, 11:40 AM
It is only the father's legal obligation to pay support, under any circumstance.
Not his new wife's, not his parents, not his friends, not anyone's but his, as it should be.
I believe this is the law in every state of the Union. And if it's not, it should be.
However, moderate makes an excellent point concerning joint assests, which the court takes into consideration when figuring support.
rendova
09-04-2007, 11:43 AM
If theyre married, then she's responsible for his wrongdoings
Is that true, ride?
Wow--seems really unfair. Concerning the old wife--that is not her child. How could she be legally obligated to support this child under any circumstance (unless , as noted, joint assests the court figures in).
Ride4Life
09-04-2007, 11:48 AM
Is that true, ride?
Wow--seems really unfair. Concerning the new wife--that is not her child. How could she be legally obligated to support this child under any circumstance (unless , as noted, joint assests the court figures in).
Her paycheck is considered community property, so yes. The only protected assets are those aquired prior to the union.
rendova
09-04-2007, 11:50 AM
ahhh, I see. Forgot about that community property crap. Calif is a community property state. Thank god Indiana is not. That has never seemed fair, the idea of "community " property. Sounds to me almost like communism.:eek:
TylerBabe
09-04-2007, 11:56 AM
ahhh, I see. Forgot about that community property crap. Calif is a community property state. Thank god Indiana is not. That has never seemed fair, the idea of "community " property. Sounds to me almost like communism.:eek:
Can be a good thing OR a bad thing.....depends on which side of the "property line" you're standing on ;)
Texas is also a community property state.:(
rendova
09-04-2007, 11:59 AM
I'm not sure I understand all the legalities of it. I am still having a very hard time with the idea that the old wife should have to pay support to a new wife's children, if the husband/father cannot.
Blatantly unfair.
Of course, would be equally unfair if the situation were reversed and it were the husband being ripped off like that.
TylerBabe
09-04-2007, 12:07 PM
I think things got a little off-track here from the original question. If I'm reading it right....the guy is married BUT he went and had an affair which resulted in the birth of a child.....OUTSIDE of his marriage. The question being.....can the current/existing wife, the one he cheated on, be forced to pay for his mistake, i.e. the new baby from the affair??
I'm with some of the others that say it depends on the individual state they are in, but I would still remove him from any joint assets, or at least the ones that I could legally, then I'd see his ass in divorce court :thumbs:
DarkFantasy96
09-04-2007, 01:57 PM
When my dad was behind on his child support payments after he lost his job a few years ago, they didn't take any money from my step-mother... I guess they don't do that in Maryland.
M&Mdelite
09-05-2007, 07:14 PM
I thank everyone for their replies. :)
mandy1981
09-09-2007, 05:11 PM
my cousin's ex............never pays for his little girl