ANSWERS: 13
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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.
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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.
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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!
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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.
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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.
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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.
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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.
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.. 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
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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.
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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.
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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.
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legally he can get his payments temporarily reduced. How much money does the mother make? The main thing is think of the kid.
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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.
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