- NEW!
by Stillme FBB on June 5th, 2008
He is your husband, and the child is his. Maybe not legally responsible, but if things were turned around, wouldn't you want him to help you and your child? This isn't for the x, this is for his CHILD, your husbands child!
by This Daley has a new bundle of joy on June 3rd, 2008
Not unless you were somehow involved in the divorce, you were involved with the custody and support arrangements or have legally adopted the kids.
IF he loses his job, he needs to petition the court to have his payments temporarily reduced while he looks for another job. He will likely have to make up the difference once he is working again.
You do stand to risk any assets the two of you have together like your house or joint savings or investments if he defaults on the support payments and they come after his assets.
by Anonymous on September 19th, 2008
Depending on what state you live in, your husband could either go to jail (which helps out nobody), or loose his drivers license (which will not help him find a new job). You are not responsible for making his payments if you are not listed in the custody order. You will, however, have to enure whatever happens to your husband if he does not make his payment.
For your husband to legally not make the payments he wold have to file a modified support order with the court (which costs money). Then after a hearing has been scheduled the judge will look at his payment history. The judge will not be favorable if he is behind on his payments at that time. You will have to make your case that his being out of a job is also affecting your family and that if he was married to the other parent then their finances would be affected also. More then likely the judge will set a temporary child support order giving your husband a small amount of time to find a new job that paid as well as his last one. You will have to do a follow-up hearing which would be the deciding factor of what his payments would be at that time.
If your husband does pay for new clothes, child care, extracurricular activities, and so-on in a way other then child support to the other parent then that needs to be brought up in court also because more then likely your husband is paying too much anyways.
by CogitoErgoCogitoSum on September 1st, 2008
I never understood this.
If he never divorced his ex, they would be going through the same exact financial troubles now anyway. And as a married couple, everyone including the kids would suffer the financial burden. That is the nature of family. And it is the obligation of a caretaker to do what they can, but beyond doing what is possible, nothing more is really expected.
In the case of divorce, a father is usually forced under law to make payments that the kids wouldnt otherwise see. Its absurd. A child is more well-off if their father isnt around... the courts and sexist bias in our society make sure of that.
Ive known men who had to work two full-time jobs and couldnt make anything of themselves after high school, just because they had to take care of a child-mistake from high school... and the consequences of getting fired or quitting meant not being able to make their next payment... which meant jail-time, not "oh well, family cant go out to dinner this month" (which would have been the case if they stayed married).
As a married couple, everyone gets the benefits of financial support and everyone gets the burden of not having money. As a divorced couple, only the man suffers the burden of not having money. Men who are forced to pay a percentage are usually better off never making anything of themselves. While their ex sits on their asss and enjoys the checks that come in.
(Speaking of which, a man is more burdened by children than a woman is. And since law forces him to bear responsibility, he should have equal say in abortion decisions)
Even though you cant be held personally/legally responsible for his debts... you are married and thus you share debts nonetheless. His debts are yours. You share a joint financial responsibility in all things.
by yankeegurl on September 1st, 2008
Simply file a injured innocent spouse form this way your not responsible for his child here is link and information
Innocent Spouse Rule
If you sign a joint return, the IRS may be able to collect any tax relating to that return from you � even if your spouse was the one who reported incorrectly. There are three ways to get out of paying your spouse's tax. The one described on this page is the innocent spouse rule.
Requirements for Relief
You're eligible for relief if you meet the following conditions, which are discussed in more detail below:
You filed a joint return on which there was an understatement of tax due to an erroneous item relating to your spouse.
You didn't know, and had no reason to know, about the understatement when you signed the return.
Looking at all the facts and circumstances, it would be unfair to make you pay the tax.
You apply for relief under this provision within two years after the IRS begins trying to collect the tax from you.
If you meet all these requirements, then you don't have to pay the portion of tax that relates to this erroneous item.
Available while still married. Innocent spouse relief may be available even if you're still married to, and living with, the spouse who should have reported additional tax. If you have assets of your own and want to protect them from collection by the IRS, these rules determine whether you can be held liable.
Erroneous item. Innocent spouse relief applies only to tax liability that arises from an "erroneous item." That means you can't use this provision for relief if you sign a correct return and your spouse simply fails to pay the amount shown on the tax return. If your return was correct and your spouse didn't pay, see Equitable Relief.
Lack of knowledge. This requirement is one of the biggest problems in obtaining innocent spouse relief. You don�t get relief if you knew the return was incorrect � or even if the court thinks you should have known. Some court decisions indicate that you can't satisfy this condition unless you actually examine the return and ask questions about anything that doesn't seem right � an unrealistic expectation in many marriages. Sometimes the decisions seem to punish a spouse for being well educated, suggesting that anyone with a good academic background should have identified the problems in the return. This part of the rule is a major source of unfairness, but it remains part of the law. A more favorable "lack of knowledge" requirement applies under the Separate Liability Election.
There was one improvement in this rule when Congress changed the law in 1998. Congress made it clear that if you only knew (or had reason to know) about part of the understatement of tax, you're only stuck for that part. If you had reason to believe your spouse was cheating to the extent of a few hundred dollars and it turned out to be many thousands, you should only have to pay the smaller amount.
Equitable considerations. This is a provision of prior law that should have been fixed in 1998, but wasn't. The rule is that you're eligible for relief only if "taking into account all the facts and circumstances, it is inequitable to hold [you] liable for the deficiency in tax." The problem with this rule is that the courts sometimes have a strange idea of what is inequitable. Or perhaps more accurately, different judges have different ideas on this count. For example, if the judge feels that you had a high standard of living while your spouse was cheating on taxes, you could be stuck paying the tax bill even though you didn't know about the cheating and had no reason to know. The judge may think you received a benefit from the cheating in the form of a high lifestyle, so you should pay the tax � as if you should have lived more modestly on the off chance it turned out your spouse was a tax cheat! Our hope is that the courts will interpret this provision more favorably in the future, in light of Congressional intent to provide more generous relief. Only time will tell. http://www.fairmark.com/spousal/innocent.htm
Applying for Relief
The IRS won't automatically grant you relief under this provision, even if you clearly meet all the requirements described above. You have to elect this treatment by filing Form 8857, Request for Innocent Spouse Relief with the IRS.
You can apply for this relief even if you qualify for, and apply for, relief under the Separate Liability Election. Sometimes the relief under this provision is better, as explained below.
Effect of Relief
If you qualify for relief under this rule, you're relieved of liability for tax, interest and penalties relating to the understatement. In most cases this will produce the same result as the separate liability election. But there are circumstances where you might obtain only partial relief under the separate liability election. That would happen if the tax item claimed by your spouse provided a benefit relative to your income. It appears that the rule described on this page provides full relief even in that circumstance. So in some cases you should try to qualify under both rules, and take whichever one provides better relief.
by BeenThereWillShare on September 19th, 2008
legally he can get his payments temporarily reduced.
How much money does the mother make?
The main thing is think of the kid.
by Anonymous on October 8th, 2008
I have read some answers that give compelling moral and practical reasons to help your husband. However, you might consider asking the court to reduce the child support while your husband is out of work because the loss of his job is a change in circumstances. Then you can at least keep him out of jail, keep his driver license from being suspended, and not have to bear the full brunt of his child support obligation.
I hope that everything works out for you.
Please do not consider this legal advice. This answer is free, real legal advice isn't.
by ariesmegs on July 23rd, 2008
.. his child is not your problem, you shouldnt be responsible for any kind of financial needs... but if you love his child and you love your husband the decision is for you to make as a good samaritan
by Award on July 17th, 2008
If he loses his job, go to your family court and apply for a change of circumstances reduction in child support.
Since it was based on his income and his income has changed, they will most likely work out something reasonable.
by gogospeed on June 22nd, 2010
Nope! have the courts make the necessary adjustments until he finds work.
by gogospeed on June 22nd, 2010
Nope! have the courts make the necessary adjustments until he finds work.
by Yarnlady is happy every day on June 3rd, 2008
This is a very good question. Thank you for asking.
It varies from state to state. Most recognize the separation between pre-existing debts, and those that occur after the marriage. Some, however might consider it one half of the new spouse's debt.
You definitely need to contact legal aid to protect your rights. It is also likely that he can have the court reduce his payments based on the new information.
by Bree1980 on June 25th, 2008
I sure hope not. Being the new and improved wife, why should you cover the expenses of children that are not yours? Good luck but I hope your money STAYS your money.
by Anonymous on July 13th, 2008
Technically, no. However, your husband will still be responsible, and if he does not pay, they court can go after his assets. Since any money earned during the marriage is marital property, the court can take his share of your earnings. Thus, although you cannot be compelled to pay, money from your wage (i.e. marital assets) can be attached.
by angelame0826 on July 13th, 2008
I agree that if the situation was reversed then you would want him to help you out. Won't he be receiving unemployement? I also agree that since his income will decrease he should petition the court to lower his child support until he is able to secure employment again. Realistically they won't come after you if he is unable to pay the support because it's not your kid, but do the right thing because if he go in arrears then that affects you too. Pay what you can.
by George R. McCasland on February 16th, 2010
For future reference on this to anyone reading this.
Some useful links
http://icanhaz.com/ChildSupportModifying
http://icanhaz.com/ChildSupport-OutsideGuidelines
http://icanhaz.com/ChildSupportTrustFund
http://icanhaz.com/ChildSupport-Contempt
http://icanhaz.com/ChildSupport-EndsWhen
http://icanhaz.com/ChildSupport-Taxes
http://icanhaz.com/ChildSupport-SpouseIncome
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Comments
Some people just don't like the truth. So many new wives want the husband to forget he ever had an x or a child, that isn't love, that's a shame!!!!!!!!
by Stillme FBB on June 11th, 2008
New wives are wives, whereas most of these tramps were just "baby mamas". Its not our garbage and not our children. I love my husband but he knew when he married me that the bastard stayed behind. We took vows, he didn't accidentally marry me when he was living in a redneck town wanting to kill time like when he accidentally knocked up the slut. Her and her kid can stay in the trailer park pondering where my husband and I have moved, thanks.
by Bree1980 on June 25th, 2008
Your opinion of children who have been left behind by their dads due to the narrow minded heartless high class want to be's can only be surpassed by your ignorance! You don't love your husband!!!! You love yourself!!!! No one else!!!! I don't care if she was a hooker on the corner, he had sex with her and made a baby! His baby! It's part of him! You can't undo this no matter how much you try! So you can just forget this child exists, you are pathetic!! Accidentally knocked her up???????? LOL What happened? Did he slip on ice and it fell in her????????? NO!!!!!
by Stillme FBB on June 25th, 2008
He could have used protection!!!!!! He didn't! Now he has a child! A child who has done nothing wrong, who is innocent, a child who needs help to make a better life for themselves. You want to make your husband a dead beat dad. If he lets you talk him in to this.......he isn't a man, he's a wimp!
by Stillme FBB on June 25th, 2008
I would love to be a tramp, anyday, than to be known as a self centered egotistical bitch.
How to do you accidently get someone pregnant, Oops, sorry honey, I fell and slipped, and my dick happened to fall right in her, my bad! You pick them well!!! *snort*
He probably married you because, you were the "other woman", I am sure that wasnt an accident, just like the first woman he got pregnant, I am sure if he gets you pregnant, it will definitely be am accident, also, hahahaha!!!!
New wifes, are only that, because, HE wasnt man enough to take care of his original responsibilities, you both deserve each other. I hope you never have any children, you would be the worse example a child could have in their life.
by Sweet T on June 25th, 2008
WOOOOOOOOOOOO whOOOOOOOOOOOOOOOOOOOOOO!!!!!!
You said it Sweet T!!!!!!!!!!!!!!!!!!!!!:):)
by Stillme FBB on June 25th, 2008
she cried "oh how i love thee" ..
but what she meant was "oh how i love only a part of thee" :(
by Anonymous on June 25th, 2008
It's a package deal. All the baggage comes with him.
by Anonymous on June 25th, 2008
baggage. Funny how the word you use describes what is really is. If you knew half the story, y'all might be a little nicer. We've had to move 500 miles away and change both phones numbers because this psycho was stalking me and my clients. Sluts like this give single moms a bad name. Next time the police notify us that the little meth-head is back in jail, I'll make a post. Until then, the child and Crazy Mom are ancient history. I just stand up for the people that get pushed around by the system -- the poor dads.
by Bree1980 on June 25th, 2008
I'd rather be an egotistical bitch than a pathetic loser without a job and an illegitimate mouth to feed. This kid will be in prison in less than 14 years, you can bet on it. And she was never a wife to begin with. Some women never have that honor, too lazy, too ignorant, too worthless.
And he is by no means a deadbeat. She gets her stupid check every month, all she cares about.
by Bree1980 on June 25th, 2008
That illegitimate mouth to feed is a part of the man you say you love. How can you even think he might be hungry, he might be abused, he might cry himself to sleep, and feel not something......like shame, that you both ran away. He can't run. Don't complain about how he's turning out. You have no right to do that! As a matter of fact you are just as much to blame as anyone. Maybe his mom doesn't know any other way of life, so you just leave him because YOU don't want to deal with it!!!!!!!!!!!!
Shame on you! And DOUBLE shame on the whimp your married to! You complain about the stupid money, that's NOTHING! His should be taking him places, playing ball, showing him what a real man is
by Stillme FBB on June 25th, 2008
Instead.......he has to growup knowing his dad didn't care, that should do alot for his self image! And you.........someday, you will understand the meaning of compassion, now you don't, one day when YOU need it,you will!!!!!!!
by Stillme FBB on June 25th, 2008
My head feels like it will explode everytime I read the lines;
We had to move 500 miles away.....WE had to change our phone #'s,
Think about what YOU left that little boy in!!!!!!!!!!!!!!!!
This is one of the most discusting things I've read in a long time! I will pray that God touches your heart, before it's to late!
by Stillme FBB on June 25th, 2008
She isnt worth it Stillme, she is a shallow person.
by Sweet T on June 25th, 2008
Sweet T, I feel so sorry for that little boy! I want to go get him!
by Stillme FBB on June 25th, 2008
I know, save him from the evil stepthing. Poor baby, hasnt got any good parents.
by Sweet T on June 25th, 2008
NONE!!!!!!!:( I hate to hear stuff like this.....all the people who would love to have a baby,and then she deserts this little helpless boy.
by Stillme FBB on June 25th, 2008
Quote: *I just stand up for the people that get pushed around by the system -- the poor dads*
One who pushes a father to push his own child from his life ..
is one who pushes yet another person .. into yet another system.
.
Bree ~ You have the power to change that childs life, and in doing so, you will surely enrich many lives, including your own. Anger often gets in the way of miracles to begin with, but there is nothing greater than the miracle created .. when that anger is replaced with love.
by Anonymous on June 25th, 2008
Amen! The truth is in your answer sweetcakes!:)
by Stillme FBB on June 25th, 2008
♥{{{rainbow hugs for coyote girls}}}♥
by Anonymous on June 25th, 2008
Y--------E----------S!!!!!!!!!!!!!!
by Stillme FBB on June 25th, 2008
((((LOVE YOU)))))) *Coyote Howl*
by Sweet T on June 25th, 2008
MUAH x 2 !!!
by Anonymous on June 25th, 2008