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Asked 4/21/2010

Garnishing Wages of non-custodial's new spouse: Can it be done?

Non custodial parent owes child support. does not work does not plan to work. Has new spouse that supports them fully. can I go after new spouse for child support? We do live in a comunity property state.....?

 
 
 
 
Answers

Answer 1/11 - Submitted 4/22/2010

You would have to petion the court to grant child support from the new spouses wages

 
 

Answer 2/11 - Submitted 4/22/2010

The spouse is not financially responsible to pay your ex's child support. You cannot go after her. You cannot even add her income to up your child support. You need to file contempt of court charges on your ex. They will get him

 
 

Answer 3/11 - Submitted 4/22/2010

No, the new spouse is not obligated to care for and financially support your child. It's nice when they voluntarily share their resources with their stepchildren, but the court won't order them to.

 
 

Answer 4/11 - Submitted 4/22/2010

You can not take someone who is not the parent of a child to court for support. They don't even include spouses income into child support worksheets.

 
 

Answer 5/11 - Submitted 4/22/2010

The only time that a new spouse's money can be garnished is if the non-custodial parent's taxes are filed jointly with the new spouse and there are arrears. If the taxes are seized, than the money might have some from the new spouse's portion of the tax return. However, if the spouse is the main breadwinner in the family, than they can fill out an 'injured spouse' form and than child support cannot be taken from their portion of the tax return even if the arrears amount is greater than what the non-custodial parents portion is.

 
 

Answer 6/11 - Submitted 4/25/2010

I know a couple that did their taxes the state took all of the taxes for child support for another child. The wife did not know they where not suppose to take her portion of the taxes and now it is to late to do anything about it.. so you might want to keep that in mind on your back burner when tax time comes around and look into it.

 
 

Answer 7/11 - Submitted 4/26/2010

You can not make someone who is not the biological or adoptive parents of a child pay support. You can take the childs parent who doesn't work. Like my cousin doesn't work, but because she does not have a disability where she can't work she has to pay child support and they figured her child support from minimum wage. Why would you want to hurt someone else financially because of your childs parent. I think that is wrong in so many way.s

 
 

Answer 8/11 - Submitted 4/26/2010

Thebest09 yes i do when the spouse decides to suport someone with obligations they need to be held accountable for supporting all their legal obligations.
non custodial calls the kids about vacations and shopping then tells them that its spouses money....... More of the question i had was more about the comunity property state. and wanted to know more about comunity property laws and wanted to see if anyone else knows about that and if that is a legal recouse...

 
 

Answer 9/11 - Submitted 4/26/2010

No way, the spouse is not ordered to pay. Get the non custodial in court for contempt and make the judge order him/her to find work. It the non custodial parent has made a choice not to work and is not disabled, they should pay. Not the working spouse.

 
 

Answer 10/11 - Submitted 5/3/2010

Thanks so much. I'm still looking for more information about comunity property states as they have differant laws set in place for things.

 
 

Answer 11/11 - Submitted 1/25/2012

Wow is all I can say. You attack yet don't know even half of the store yet so quick to be ugly. I support the three children I brought into this world. I also work to support the four children my husbands exwife brought into this world. She sits on her ass and contirbutes nothing to these children and I'm in the wrong for thinking she should contribute to her children?

Further more she only ordered to pay $250 fr four children. Let's see any father that was ordered to pay that little? Had the father done what she has done he would have long since been in jail. So look at how unfair that is

As for teaching my children. I teach them to stand up to their responsabities and do what's right. I know that my children have learned from this horrable situation what they will not do to there chilren. So when it boils down to everything my husband and I do everything our children need no matter if bio mom is there or not. However just because I am supporting her children dose not absolve her from her responsabilities to these children

 
 
 
 
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