Question:

Husband's ex wants more child support?

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I recently got married to a gentleman that has two children, of which he pays child support religiously. Well recently his ex has been threating to take us to court due to double income. As I researched if she could do that, I found out that in calif. my income isn't taken into account. So now she says, she's going to quit her job so they can recalculated the child support amount and claim more money. Can she do that?

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6 ANSWERS

  1. mccarty

     




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  2. about the above answers.. is that true?? Because I am in California, and my ex never paid child support, for his 2 kids. Well, anyway, since he never paid they took his brand new wife's whole income tax refund... I wonder why this is? They were only married like a month lol..  poor poor girl.

  3. Hi if she was to quit her job she would get nothing from him if she was to claim benefit the money he pays would go direct to them and it will no doubt be considerably less than what he is paying now as it makes up her benefit. As for trying to take your money she cant touch it she is just being to greedy and if she walks out of a job she would not get any benefit anyway because there was no reason for her to walk.  

  4. The court will tell him that he needs to pay a certain percentage of his wage...has nothing to do with what the Mother makes.

  5. she can't do that either. her quiting her job would look bad on her part. they will look into why she is no longing employed and they'll see that she voluntarily quit her job, they throw out her claim. plus her quitting her job is her problem, he pays for his children not his money grubbing gold digging ex, she needs to stop being so jealous. let her make all the threats she wants, she doesn't sound very educated at all.

  6. Sounds like the same situation my mom is in with her new husband.

    Short answer is: NO. Child support comes from the mom and the dad. Your paycheck is yours. His income is the ONLY thing the court looks at when determining his half. If you guys have investments in both names the court may count things like that in his income, but your paycheck is yours.

    If you make a million dollars a year and he works at McDonalds she isn't going to get more than $300 a month.

    Tell her if she wants YOUR money to go towards HER child, she can sign over maternal rights and you will legally adopt the child. Otherwise she can KYA. :)

    Edit: To the person who says they took the wife's whole refund check... if they filed taxes jointly the money was joint... hence it was his, so they could take it for back child support.

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