lm2's picture

Am I obligated to pay Child Support while Hubby is out of work?

I have had a steady job for 10 years but I don’t make much, and had a pay cut this fiscal year. My husband of 3 years left a GREAT paying job to try to save his first marriage. That didn’t work. He had 5 jobs in three years, and for the last 18 months he has not been able to secure long term work (only contract work). It has been a year since he’s been able to contribute to our house-hold finances.

I am and have provided medical and dental for SS and SD since the Monday after I married their Daddy. SS has a heart condition; our medical expenses are significant. We have kids 57% of the time (yes I worked it out – I keep a detailed calendar) but BM is primary residence.
Do I have to pay on behalf of my husband the CS for kids we have most of the time?

Constantly_guilty's picture

I think the answer to this

I think the answer to this is no but I say that with a caveat because in some states the courts do look at the income of the step-parent in calculating the CS. Do this research before you do anything else. If it turns out that you can not be held accountable for his CS then he needs to file with the court to have his CS reduced or eliminated until he finds work. He can not just stop paying.

Anon2009's picture

I don't think so, but you

I don't think so, but you should check with your attorney to be on the safe side.

What your DH can do is file to have his CS obligation reduced. He can go to the courthouse to get the paperwork to do this. He can get information about this online at this site:

http://www.ors.utah.gov/faq_compute_cs.htm

Chapter 3, Ecclesiastes, vs. 1-8

Angel's picture

I wouldn't pay a nickle.

I wouldn't pay a nickle. Check with an attorney,
Me personally, that would be a deal breaker since I had no pleasure in making them.

bioandstep2009's picture

I don't think so. As a

I don't think so. As a step-parent, I don't believe you have any financial obligations towards the support of the child so no, you're not "obligated". But since your hubby is out of work, and the child support can't be deducted straight from HIS paycheck, he needs to pay it. Unfortunately, since you're the one with the income (held in a joint account?), he'll have to draw from those funds to pay it.

TCPCAW4E's picture

Just went thru this, FH(had

Just went thru this, FH(had CS court yesterday) I was worried about the same thing and was putting a hold on the wedding because of this. He talked to his lawyer yesterday and his lawyer told him if at anypoint he becomes unemployed I am not at anytime obligated to support his kids unless I wanted to those are his and BM responsiblity not yours!!!!!

stepmom008's picture

As Constantly_guilty said,

As Constantly_guilty said, it depends on the state. I live in a state where they DO take into account the income of spouses, even domestic partners, in support cases. His being out of work is a qualifying event so he should be able to file for a reduction.

"There are two things over which you have complete dominion, authority, and control over - your mind and your mouth".

"There are two things over which you have complete dominion, authority, and control over - your mind and your mouth".

StepChicka's picture

Your income is taken into

Your income is taken into account when he chooses to have a stay-at-home dad career. Your situation I assume in temporary. He needs to file forms to the court asap.

MarriedwithChild's picture

Seperate accounts. What they

Seperate accounts.

What they don't know can't hurt anyone.

I have all extras in a seperate savings account, at a different addy, in another state.

Kudos to you, btw.

Michelle23's picture

My fiance was forced to

My fiance was forced to leave his job when he told them that he was going back to school. He couldn't find a job until three months later. His lawyer told him that he couldn't lower his child support payments because it was not based off of how much money he makes, but how much money he is capable of making. Now that's some serious BS huh? Especially when he is trying to better his life by going back to school.

Rhyleighblue's picture

I don't understand that

I don't understand that ruling either. I live in Oregon (now, but I moved here in January of this year) and the law is exactly the same. It goes like this...

BM is unemployed, never been employed in her life and currently living on TANF (Welfare). She has NO income outside of her welfare check of $500.00 a month. However, for CS calculations she is said to have $1465.00 a month (???!)

My DH is currently unemployed and not collecting unemployment insurance (but seeking disability for a work related injury). Like BM, he also has NO income of his own (I work 2 jobs to support us). He is also calculated to have $1465.00 a month (from where???).

Now, somehow... they have calculated that my DH must pay $403.00 a month in CS to WELFARE (!!!) BM will get $50.00 a month per child as "pass through" (whatever that means). Since they have 3 children that means BM gets $150.00 and the State of Oregon gets the rest of the $403.00 a month in CS.... $403.00 that he doesn't have to give them!!

Who makes up this these rules??? Please tell me what planet they live on so that I can visit them and reorient them to reality.

- Rhyleighblue

The thought manifests as the word;
The word manifests as the deed;
The deed develops into habit;
And habit hardens into character;
As we think, so we become.
- Buddha

The thought manifests as the word;
The word manifests as the deed;
The deed develops into habit;
And habit hardens into character;
As we think, so we become.
- Buddha

ohnoyoudidnt's picture

Yep...just went through

Yep...just went through this...

The first week of unemployment is the waiting week...Hence..no $$$
So that week of C/S came out of my paycheck...Am I jaded...yes I am...

"The second mouse always gets the cheese"