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can i go after her???????

so here is the problem.......
my sons father is married & has been for years, he is so behind in support payments about 2,500 behind. I am also preggo & can use the money for school needs for my son. He gets a job & works it until child support finds out & start taking support payments. Now I was talking to another mom & she told me that once he got married that the debt was shared. His wife works a full time job, & I was wonedering if i could go after her for the support? I mean they do file a joint tax refund & get it all back every years,so why not. I know that its not her child, but its her husbands & yall share this debt.

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Anonymous

Asked by Anonymous at 10:24 AM on Sep. 15, 2009 in Pregnancy

Answers (21)
  • You go after him, not her. It's not her child, it is his. Thus it is his responsibility.
    amileegirl

    Answer by amileegirl at 10:26 AM on Sep. 15, 2009

  • No, she is not liable for his child support. Your friend was mistaken.
    riotgrrl

    Answer by riotgrrl at 10:26 AM on Sep. 15, 2009

  • http://www.child-support-laws-state-by-state.com/
    amileegirl

    Answer by amileegirl at 10:26 AM on Sep. 15, 2009

  • Once he gets married, it's their money, their debt. So you should be compensated.
    Anonymous

    Answer by Anonymous at 10:27 AM on Sep. 15, 2009

  • You can contact Child Support Services and have him brought into court on contempt. Usually they will garnish wages (take support from his paycheck before he ever sees it) and add on an amount for arrears.

    Most states won't touch a spouse's earnings. (If I recall correctly CA will). But if he's in arrears he can have his state and federal tax refunds seized until the arrears are paid off.
    Anonymous

    Answer by Anonymous at 10:33 AM on Sep. 15, 2009

  • POSTER ~~~~~~~~
    That is what I was thinking, I mean he claims that he has 6 other children, which he dont only 3 of her children are biologically his. They gave him some kind of deduction for having to support 6 other kids, but he still is not paying. The took his taxes the first year and I got 1,500 of it. I am still owed another 2,500 for my son. He dont see him, dont call, dont want anything to do with him. He payed for a month, now it has been 3 months and nothing. I call the attorney general and they tell me well we will run his social and see if he is working, but I dont hear anything back. and when i call back i tell them well his social was suppose to be ran & i have not heard anything. Its crazy bc my son needs it & I can not get any help to get it.
    Anonymous

    Answer by Anonymous at 10:40 AM on Sep. 15, 2009

  • My ex is married and I was told NO that she cannot have her wadges garnished for his child support... altho the tas thing I am NOT so sure about... I am pretty sure that my ex and his wife file separatly cus he's told me he does not file taxes cus he doesn't think I "DESERVE" the money... (yes he is a jerk)
    My ex is over $10,000 behind in child support, I cannot figure out a way to go after him as he also does the job hopping to avoid payment or will find the lowest paying job he can have support reviewed and lowered then quit and get better paying work... (again JERK)
    I called human services and even talked to them about turning him into the irs since he owes them money too and could get it from his unfiled taxes... but they said they can't do that I guess....
    if you found out how to get your support please let me know cus I'd like mine as well
    janeenee

    Answer by janeenee at 10:45 AM on Sep. 15, 2009

  • you need to find yourself a good job and just depend on your ex income not his wife.... i bet you have food stamps... you should get on wic too lol
    can the father of your new baby help you? or does he depend on your ex too.....
    Anonymous

    Answer by Anonymous at 10:48 AM on Sep. 15, 2009

  • I think in TX that the other person can be required to pay (because they are looked at as head of household by working and have to pay the debts of the house, which his childsupport would then become.) I am not for sure about it, but I would definatly keep in close contact with the local child support office and make them arrest him for contempt!
    Anonymous

    Answer by Anonymous at 10:49 AM on Sep. 15, 2009

  • "I called human services and even talked to them about turning him into the irs since he owes them money too and could get it from his unfiled taxes... but they said they can't do that I guess...."

    You can report him; you don't need human services to do it.

    As for the OP; in most states the spouse of the bio parent is in no way responsible. But you could report him to the IRS for possible fraud; and pester the AG until they do what you need them to do just to make you go away.
    happytexasCM

    Answer by happytexasCM at 10:54 AM on Sep. 15, 2009

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