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Bm and child support

Posted by on Mar. 27, 2014 at 3:12 PM
  • 99 Replies
My fiancée and I are planning to get married at the end of summer. I'm worried about what's going to happen when bm finds out. My fiancée doesn't have to pay child support because he's been disabled since he was a teenager and receives ssi. I work and pay the majority of our bills and bring home a good amount of money. I'm worried when we get married that she might try and get the judge to make us pay her. With my so ssi and my income we make good money he just doesn't feel he should pay her because the judge said he didn't have to. Can they order child support and take it from me?
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by on Mar. 27, 2014 at 3:12 PM
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Replies (1-10):
Rachael-Dawn
by Bronze Member on Mar. 27, 2014 at 3:14 PM
6 moms liked this
Not that I think you should pay his child support but he should WANT to pay child support. He should want to take financial responsibility for his child.
WickedPissah
by Gold Member on Mar. 27, 2014 at 3:14 PM
1 mom liked this
If you make good money, he might not be eligible to recieve SSI anymore.
Carolina1019
by on Mar. 27, 2014 at 3:29 PM

Your income will not be taken into account by the judge. As people in this group helpfully point out quite a bit, even after you marry, you have no rights when it comes to those children -- and that includes CS.

Does part of your fiance's SSI go to the kids? My SDs' mom is on SSI, and a percentage of her monthly payment goes to the kids, via my DH.

Derdriu
by Gold Member on Mar. 27, 2014 at 3:33 PM
4 moms liked this

Typically, no.  His earning potential is what would be assessed. 

I would question the integrity of someone who didn't want to support his child though.  If he can't, he can't.  But not feeling like he should because the judge said he didn't have to?  Big difference between inability and lack of desire.

FreedomTruth
by Bronze Member on Mar. 27, 2014 at 3:34 PM
Why would you marry a man who doesn't think he should help support his kids?

Other than that no your income will not be looked at concerning cs.
Rocker.Mom.07
by The Savior on Mar. 27, 2014 at 3:40 PM
4 moms liked this

I don't see where she said he doesn't help support them...?...she said he just can't afford child support...
Just because he doesn't pay cs doesn't mean he doesn't buy them things, feed them or see them...

PumpkinSpice8
by Silver Member on Mar. 27, 2014 at 3:51 PM
1 mom liked this
You're not responsible to pay CS.

But he should WANT to help support his children.

If you both are really doing as well as you say, is it seriously going to hurt to support the kids with $100-$200 a month out of his check? Some parents pay as low as $25 a month but at least they are contributing.
whatIknownow
by Ruby Member on Mar. 27, 2014 at 3:51 PM

she can always request a modification of the child support order, but they won't be interested in your income, only in his. If he has dependents, I would think Mom would already be getting an SSI payment for them.

ladybugchick317
by Charity on Mar. 27, 2014 at 3:52 PM

 She can file for it at any time but that doesn't mean that the judge will side with her or that they will side with you. Talk to an atty and ask.

pepper504
by Gold Member on Mar. 27, 2014 at 3:56 PM

I do not know where you live, so I would check with an attorney prior to marrying your fiance.  In Louisiana, if BD becomes unemployed or underemployed for a long period of time or voluntarily, then SM's income can come into play.  Look into a separate property agreement.  That will protect you from his debts all together. 

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