QUESTION
Can the courts deny my child support just because my new husband is wealthy?
Asked on Aug 15th, 2012 on Child Custody - New Jersey
More details to this question:
My ex has never paid child support. I have tried three times through the courts and they always deny it. We are both remarried and my new husband is raising them which is not fair. My husband is wealthy but I thought it didn't matter and I don't work.
18 ANSWERS
Suzanne H. Lombardi
In Alaska child support is based upon what the non-custodial parent is making. The answer to your question would involve more details.
For example are you the primary custodian meaning do you have the children for at least 110 overnights.
The support is decided based on a formula and Rule 90.3. An attorney may be able to assist you so that your request for support does not fail.
Answered on Aug 25th, 2012 at 10:11 AM
1 Award
No, child support is based on the custodial arrangement and the income of the biological mother and father.
Answered on Aug 20th, 2012 at 1:31 PM
Dave Hawkins
If you are the custodial parent and are already divorced, an order of child support should have been entered at the time the parenting plan was signed. If ti wasn't , you have some problems and need to consult with counsel. if an order fo child support was entered, you have a right to petition the court to modify that order based on changed circumstances.
Answered on Aug 19th, 2012 at 10:21 PM
Your husband's income, nor his wife's, if any, should not matter to child support except in very limited circumstances. See if this fact pattern seems familiar. When a parent remarries a very high income now spouse and the parent stays home because the income he/she could earn is so little compared with the other spouse, that it just would not be a good decision to go out and work, then a portion of the high income earner's wages are imputed to the stay-at-home spouse. Does that sound like you.
Answered on Aug 19th, 2012 at 10:16 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is more complicated than that. The issue is you ex spouse's ability to pay and your earning power. If you quit a well paying job because your new husband is wealthy the court could have ruled that no support is due because you are voluntarily not working. If this same i ssue has been raised 3 times it will probably not change on the 4th time.
Answered on Aug 19th, 2012 at 10:12 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No. Each parent has a duty of support and is presumed to work. If you don't work, the court will impute income to you. The court can also deviate downward in the father's support amount if your new husband is very wealthy. I don't know what the court denied, but the court would not deny all child support.
Answered on Aug 19th, 2012 at 10:06 PM
Dennis P. Mikko
Your husband does not have an obligation to financially support your children from a prior relationship. His income or wealth should not be taken into consideration when determining child support.
Answered on Aug 19th, 2012 at 6:52 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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Normally, a new spouse's income is not considered, but it sounds like the court feels you are not working because of your husband being wealthy. You should hire an attorney to assist you in this matter.
Answered on Aug 19th, 2012 at 6:08 AM
Divorce & Separation Attorney serving Layton, UT
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Jeremy Atwood Law, LLC
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No, Your husband has no financial responsibility to pay for the upbringing of your kids, but your ex does. It would be interesting to know more and the reason they are denying it. He has a financial responsibility, and that responsibility is based upon his income capacity, not actual income (he may be voluntarily underemployed).
Answered on Aug 19th, 2012 at 5:17 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You have to do Form 14S.
Answered on Aug 19th, 2012 at 4:59 AM
Leonard A. Kaanta
No, your new husband income is irrevelant.
Answered on Aug 19th, 2012 at 4:53 AM
Insurance Attorney serving Cumming, GA
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Law Offices of Dorothy Spinelli
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Typically child support is never denied because father is wealthy. Did you have an attorney when you went to court on previous occassions?
Answered on Aug 19th, 2012 at 4:36 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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If "he is raising them" it is typical that you pay him child support.
Answered on Aug 19th, 2012 at 4:22 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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It does not. Your new spouse has no legal obligation to support children which are not his. However, the court may run a calculation based upon your respective incomes (the parents only) as well as other factors which may determine that support isn't owed.
Answered on Aug 19th, 2012 at 4:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The income of present spouses is not part of the calculations which determine the child support amount recommeded under the Michigan Child Support Guidelines which are presumptive.
Answered on Aug 19th, 2012 at 4:20 AM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Your new husband's income would only be considered in extraordinary circumstances when addressing child support. What percentage of the time do the children spend with you and what is your ex husband's income?
Answered on Aug 19th, 2012 at 2:35 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, the court will not fail to order child support, the father has an obligation to provide it. Get an attorney.
Answered on Aug 18th, 2012 at 10:01 PM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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If the children live with you, he is required to pay child support. If the court has denied child support, some other facts exist which you have not stated.
Answered on Aug 18th, 2012 at 9:41 PM