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Divorce/Separation Post Reply     Print Topic    
User Topic: If your ex remarries..
Sparkles
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Member # 39901
Default  Posted: 12:31 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

is their new partners money considered when calculating child support?


Posts: 138 | Registered: Jul 2013 | From: In a better place
Reality
♀ Member
Member # 39077
Default  Posted: 12:33 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

From what I understand, yes. During the mandatory classes you have to take during a D if you have children here in Arizona, the speaker gave a long story about how she was liable for child support for her husbands children from a previous marriage. And that even after he passed away, she had to fulfill the agreed upon amount until the kids outgrew CS.

No idea if that's standard everywhere, but I'd suspect it is.


Posts: 292 | Registered: Apr 2013
LadyQ
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Member # 32847
Default  Posted: 12:38 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

That's not part of my "standard" agreement in Texas. If he remarries,only HE is responsible for his children, not the new wife.


Tune out the noise of what others tell you about who you are and work it out for yourself...

Posts: 1650 | Registered: Jul 2011
EvenKeel
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Member # 24210
Default  Posted: 12:39 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

And that even after he passed away, she had to fulfill the agreed upon amount until the kids outgrew CS.

Holycatz - really? I never realized that.


Eyes are useless if the mind is blind.


Posts: 1997 | Registered: May 2009 | From: Pa
tryingagain74
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Member # 33698
Default  Posted: 12:43 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I don't think that's the case in NY-- here, you lose your alimony if you get remarried, but CS isn't affected (at least that was never mentioned to me by either the mediation attorney or my personal attorney, and I never read any language in my legal agreement that stated as such).


BS (Me) 39
Happily liberated!
Two DS and One DD
It matters not how strait the gate,/How charged with punishments the scroll./I am the master of my fate:/I am the captain of my soul.--"Invictus," William Ernest Henley

Posts: 3537 | Registered: Oct 2011
LadyQ
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Member # 32847
Default  Posted: 12:44 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

In my agreement, it only says that child support will be paid out of his estate should he die while he still had to pay. That's what the life insurance policy is for.


Tune out the noise of what others tell you about who you are and work it out for yourself...

Posts: 1650 | Registered: Jul 2011
lostmommy
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Member # 33440
Default  Posted: 12:46 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I don't think that's the case in NY-- here, you lose your alimony if you get remarried, but CS isn't affected (at least that was never mentioned to me by either the mediation attorney or my personal attorney, and I never read any language in my legal agreement that stated as such).

This is my understanding for NY as well. My SO's ex is getting remarried and it seems that her new spouses' income will be taken into consideration so that SO can get a CS reduction. That's in NJ.


Me (BS): 32, Mommy to J: 2 1/2 Divorced: 4/10/13
Sometimes you find yourself in the middle of nowhere, and sometimes, in the middle of nowhere, you find yourself

Posts: 485 | Registered: Sep 2011 | From: NY
Cookie7088
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Member # 30038
Default  Posted: 12:53 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

I just contacted one of my law school friends who practices in Arizonia...

"Your income is not considered for child support purposes because you have no legal obligation to provide support for his child."

Reality, you might want to clarify that with an attorney...as it doesn't sound textbook...


Posts: 635 | Registered: Nov 2010 | From: U.S.
sparklezombie
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Member # 40095
Default  Posted: 1:00 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

In my state, no. New spouse's income is not used to calculate child support


BS: Me
WH: Husband
One daughter - 22 months
Married 11.5 years
2.5 false R's.
Status: Divorcing.
You can't pick up a turd by the clean end. Time to flush the toilet.

Posts: 241 | Registered: Jul 2013 | From: Somewhere on the Eastern Seaboard
hummingbird8
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Member # 25086
Default  Posted: 1:37 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

In indiana, no.

Posts: 452 | Registered: Aug 2009
Fireball72
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Member # 20152
Default  Posted: 1:54 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

In Maryland, it is not. My husband's XW cannot claim my income for CS in any manner - and, quite honestly, I don't think she should. I don't mind voluntarily helping out my husband's children (and I do), but to be forced into it is, in my mind, seven kinds of wrong. I'm sure that it's hard, but people shouldn't be forced by the state to help raise children that aren't their own - that's just not right.

Also, be aware that (at least here in my state) this extends also to tax refunds. If my husband and I file jointly, I can simply write "INJURED SPOUSE" on the top of the form, and any income tax refund assigned to me is automatically protected - the state cannot "take it" for any arrears that might be owed. They could take his... but not mine.

Something to think about.

ETA: My husband's XW is in Texas, and as far as I know, it is also not permitted there, either.

The law I mentioned for "injured spouses" can be found here; it is form 8379 and must be filed with a tax return every year:
http://www.irs.gov/uac/Seven-Facts-about-Injured-Spouse-Relief

[This message edited by Fireball72 at 2:07 PM, August 22nd (Thursday)]


XBS - 42 and fabulous :D
Remarried happily in 2013
A relationship is built for two. But apparently, some bitches don't know how to count!

Posts: 602 | Registered: Jul 2008 | From: The Chesapeake Bay
AStar
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Member # 39971
Default  Posted: 1:54 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Generally, the money earned by the new spouse is not used in the calculation of CS. New spouse has no legal rights to the child and therefore no legal obligations to the child. This is applicable where I live, and generally is a common law application.
If it is not, it may be advisable to have this as part of a pre nup which indicates that the new spouse has no obligations to debts of the new H/W incurred before the marriage (you may want to consider during M). This will include CS, so as to safe guard the income of the new spouse.


Me BS (41)
Him WH (45). EA and possible PA (denied)
D Day 7/21/2013
M 8 years - filing for D

**The cruelest lies are often told in silence- Robert Louis Stevenson


Posts: 115 | Registered: Jul 2013 | From: New Zealand
stillstrong
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Member # 36144
Default  Posted: 3:52 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

My income was considered as part of total household income and care of our own children together when calculating CS in NY state for his children with his ex. In other words, my salary didn't count for calculation purposes for ex's CS, but it was considered for purposes of deviating from standard. KWIM?


Me BS 47
Him WS 51
DDay LTA Feb 21, 2006
R until DDay 2EA's 1/31/12 ONS 2/5/12 Broken NC 7/12/12
Moved out 9/12
Legally Separated 3/13


Posts: 848 | Registered: Jul 2012
sparkysable
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Member # 3703
Default  Posted: 5:12 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Definitely not the case in NY. My income was never involved regarding his CS with wife#1.


D-day OW#1 2/2004; R for 6 years; D-day OW#2 5/2010

Marriages that start this way, stepping over the bodies of loved ones as the giddy couple walks down the aisle, are not likely to last.


Posts: 3164 | Registered: Mar 2004 | From: NY
ruinedandbroken
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Member # 29250
Default  Posted: 6:13 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

In Florida the spouses income does not come into play.


“People who cheat feel that life is for the taking, and that everyone deserves happiness no matter what the cost. I must remember these tricks if I ever have my soul surgically removed."
Me: BS 42. Him: WH 41 2 Kids 6&9
Married 14 yrs Together 21

Posts: 1560 | Registered: Aug 2010
Sparkles
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Member # 39901
Default  Posted: 6:14 PM, August 22nd (Thursday), 2013View ProfileEdit MessagePrivate MessageHomepage

Thanks for the replies.

The reason I asked was because I had a conversation with another mom going through a divorce. She stated that her stbx had a 1st wife and children and that when they calculated cs payments they included her salary. Now that they are separated he can't afford to pay child support. It just surprised me.

In case you are curious: First wife is in HI, current wife in WA and husband all over because he's in the navy.


Posts: 138 | Registered: Jul 2013 | From: In a better place
Topic Posts: 16

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