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Will the new spouse's income to attached to the other spouse's child support obligations

If there is already an court order for one to pay child support can the state attach the new spouse's income to that order? If there is not a court order in place and the ex finds out that the other party is or will be getting married can she go to court and file a case telling the courts the other party has additional income? What happens if one person works and the other gets disability? What about the new spouses children?

Case in point I work, have 3 kids and handle the majority of the household expenses. One is his and we just found out there's another one on the way.(This was a total shock because I've been on Nuva ring, but hey it is what it is). But anyway as I was saying I work and he receives disability. There is a child support order in place and he was in arrears before I met him. He uses his disability to pay his order.

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Shagara03

Asked by Shagara03 at 11:08 AM on May. 26, 2011 in Relationships

Level 5 (90 Credits)
Answers (12)
  • No the spouse's income will not affect the man's child support obligations.
    kimigogo

    Answer by kimigogo at 11:10 AM on May. 26, 2011

  • No. Only the individual income of the responsible party can be drawn from. The spouse is not responsible for child support.
    ObbyDobbie

    Answer by ObbyDobbie at 11:11 AM on May. 26, 2011

  • No
    Dahis

    Answer by Dahis at 11:16 AM on May. 26, 2011

  • I have heard that in some states they will do that, but not many. And I know for sure they don't in PA.
    What state are you in?
    Candi1024

    Answer by Candi1024 at 11:17 AM on May. 26, 2011

  • I think it depends on the state. Might want to look into this.
    louise2

    Answer by louise2 at 11:18 AM on May. 26, 2011

  • No they only count the bio parents income. I get cs from my ex in Ky, I live in NC he is remarried and it doesnt count hers. My son lives with his dad here in NC and I pay child support and my husbands income is not counted. Only the bio parents who created the child are financially responsible.
    gemgem

    Answer by gemgem at 11:19 AM on May. 26, 2011

  • It depends on the state. Not sure if any states to look at the spouse, but I do know that Pennsylvania does not. The stepparent's income is not considered when determining how much the parent has to pay, but if the parent quits their job he/she is still responsible to pay that amount and the stepparents income may be used to do that (though I don't believe the state can just take the stepparents check).
    aeneva

    Answer by aeneva at 11:20 AM on May. 26, 2011

  • It depends on the state, but really it's not the new spouse's job to take care of children from a previous marriage, it is up to the person who had the children.
    scout_mom

    Answer by scout_mom at 11:29 AM on May. 26, 2011

  • I'm in MD
    Shagara03

    Comment by Shagara03 (original poster) at 11:29 AM on May. 26, 2011

  • Might want to talk to a lawyer about it. I Googled this subject and some people say it can happen.
    louise2

    Answer by louise2 at 11:36 AM on May. 26, 2011

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