QUESTION
My daughter’s father isn't paying his child support. Can I come after his wife since they share the same household income?
Asked on Sep 03rd, 2012 on Child Custody - Arizona
More details to this question:
I reside in California and my daughter’s father lives in Arizona. Both states and involved but he owes me thousands in back child support and does not pay the full payments now.
12 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 22nd, 2013 at 5:27 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You can open a child support collection case with the Department of Child Support Services and let them handle the arrearages and collecting current support.
Answered on Sep 06th, 2012 at 1:50 PM
Barbara A. Fontaine
You and your ex are the parties liable for supporting your child. If you married, your new husband would not be responsible. So you can and should go after him for the child support, but not his wife. She did not bring the child into this world.
Answered on Sep 06th, 2012 at 1:50 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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I cannot give advice on California or Arizona laws, if this were a Missouri case I would say file for contempt.
Answered on Sep 06th, 2012 at 1:49 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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No. The wife has no relationship to your child or to you.
Answered on Sep 06th, 2012 at 1:48 PM
He is the parent and he is the one responsible for supportnot his wife. Have you contacted the Department of Child Support Services? They are very good at collecting money.
Answered on Sep 06th, 2012 at 1:47 PM
Not likely. The Idaho Child Support Guidelines do not include a new spouse's income as income for child support calculations. There are some exceptions to that rule but it is difficult to persuade a judge to include a spouse's income. I recommend that you discuss this with an experienced family law attorney in your area.
Answered on Sep 06th, 2012 at 1:46 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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No. A nonparent has no legal obligation to financial support someone else's child, regardless of whether she is married to the other parent.
Answered on Sep 06th, 2012 at 1:46 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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His wife has no obligation to support his daughter, so no. However, if they commingle funds (put them in an account in his name), then they are fair game.
Answered on Sep 06th, 2012 at 1:46 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You're asking an attorney in Washington, the wrong state.
Answered on Sep 06th, 2012 at 1:45 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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The Arizona Child Support Guidelines look at father's income and mother's income. The other parties living in a house are not generally considered because it is not their obligation to pay support for the other person's child.
Answered on Sep 06th, 2012 at 1:44 PM
His wife's income is not available to you for collecting child support.
Answered on Sep 06th, 2012 at 1:44 PM