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Title: uBPDxw remarrying. Does new husbands income... ? Post by: Gmoney on October 21, 2014, 10:24:37 AM Since the parenting plan and settlement agreements were signed and finalized by a judge on sept 3 2014. Ex is getting re-married in Jan 2015.
Getting her to pay for half of kids expenses per the court agreements has been a constant challenge. Always complaining that she is broke. She lost her salary. Does make as much as I do. Etc etc. My question is once she remarried if she tries to change the fininacal responsibility from the current 50-50 to something more in her favor based on her finances, does the court look at the new husbands income and add to hers? Example. He owns his own construction business and I assume makes 150k give or take. Let's say he decides to just stop working and have him take care of her. Now she goes to court and says I'm not working so the split needs to change To 80-20 where I pay more. Would the courts now consider the new husbands income and use that to weigh the decision? Title: Re: uBPDxw remarrying. Does new husbands income... ? Post by: Boss302 on October 21, 2014, 10:30:27 AM Since the parenting plan and settlement agreements were signed and finalized by a judge on sept 3 2014. Ex is getting re-married in Jan 2015. Getting her to pay for half of kids expenses per the court agreements has been a constant challenge. Always complaining that she is broke. She lost her salary. :)oes make as much as I do. Etc etc. My question is once she remarried if she tries to change the fininacal responsibility from the current 50-50 to something more in her favor based on her finances, does the court look at the new husbands income and add to hers? Example. He owns his own construction business and I assume makes 150k give or take. Let's say he decides to just stop working and have him take care of her. Now she goes to court and says I'm not working so the split needs to change To 80-20 where I pay more. Would the courts now consider the new husbands income and use that to weigh the decision? I'm not an attorney, but I know that if an ex spouse's financial situation changes materially - and I'd say marrying someone with a good income qualifies as a material change - then you can take her back to court. You should be able to require that she re-disclose her finances. Check with an attorney, or if your court has a self help center, visit with them. Title: Re: uBPDxw remarrying. Does new husbands income... ? Post by: clydegriffith on October 21, 2014, 10:31:31 AM Most if not all states do not calculate the new spouse's income in these situations. It's completley unfair but that's the world of family law.
Title: Re: uBPDxw remarrying. Does new husbands income... ? Post by: ForeverDad on October 21, 2014, 12:02:22 PM Most if not all states do not calculate the new spouse's income in these situations. It's completely unfair but that's the world of family law. Likely this is accurate in many or most states. Get confidential legal advice from a local experienced family law attorney. However, if her new husband has a good income, she is likely to reduce her work hours or even quit. In that case, research too whether the calculations can IMPUTE her income for what she could earn full time* since she could otherwise work. I suggest you don't mention an imputing possibility to her or else she may try to find so other way to stop paying for her portion of expenses. For example, she may decide to find a way to make herself unemployable or 'unable' to work. Sharing information needlessly carries a real risk of sabotaging yourself. * I believe recent law changes to employment and insurance have redefined full time work to extend as low as 30 hours per week. Find out whether she can work reduced hours and still claim those as her lower earnings. Common child support questions (http://www.singleparents.about.com/od/statebystateresources/a/remarriage-and-child-support.htm) Child support guidelines by state (http://www.singleparents.about.com/od/statebystateresources/a/state-child-support-guidelines.htm) |