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View Full Version : NE - stay-at-home to pay child support?


tfri1
12-18-2005, 04:03 PM
I'm stay-at-home mom of 3 children, under 2-years-old, with new husband. I have no college degree, and have been unemployed for 3 years. Highest income I've made was 24k, annual, 6 years ago.

Ex-husband owes me $12,600 in CS arrears, for our 13-year-old son. They've lived together for past 2 years, and he might seek child support from me.

How is the court likely to view and rule in this case? Could I be ordered to pay CS? How much might I be ordered to pay? Would I have to get a job and put the kids in childcare? Could my new husband be ordered to pay? Would they order a copy of my employment/income history? Any other necessary info is welcomed!

3angels
12-18-2005, 04:33 PM
Keep in mind I am not a lawyer.....

As far as I know, you can be ordered to pay. You still have a responsibilty to your son even if you don't work.

No, legally, your current husband can not be ordered to pay. It is not his child. More than likely, if you don't get a job, you will have to use part of your current husbands paycheck to pay the child support though.

I think they can somehow apply what your X owes to what ever they decide you need to pay for child support.

Hopefully someone who knows more will come along and give you some facts.

confusedinVA
12-19-2005, 03:54 AM
Yes, you will have to pay child support. Both parents are responsible for paying support of their children. Chances are, that since he is so far behind, you may not have to start paying until the arrears are paid up, but the judge may also order him to pay a certain amount per month to catch up on arrears and you a certain amount for child support.

Think about it, why wouldnt a judge order you to pay child support? Why would you be any different from any other NCP? Do you honestly think that because you decided to have other children and to stay at home that you should not be financially responsible for this child?

tfri1
12-19-2005, 10:33 AM
...since he quit a lot of jobs to avoid paying about $100 per month in child support for 11 years, and since the system has been lenient with him for so long, I'm only asking how the law might interpret and act on my situation now.

I very much appreciate the objective information presented to me here. It helps me see a clearer picture from legal perspectives, without making me feel that someone is trying to make a moral point against me, or "guilt me" about my questions. Thank you!

rini
12-19-2005, 02:39 PM
Hi

In some states they will not impute an income for mothers of small children even if they are not to the parent party to the support order

i live in PA and my income would be imputed at 0 til my children reached school age should my teens decide to live with their father.

Now my suggestion to you is to agree to void part of the arrearage per year

this would be fair (well sort of [[[[[[point being }}}}}}that even though he never paid you will probably get stuck should he pursue issue)


if you paid him 100 per month that would be 1200 per year with arrearage to be voided totally at the childs emancipation. \ so monies would subtract off of the support arrearage with the total owed being 0 at the age of emancipation

You can draw up an agreement stipulating to this but then you would never be able to snatch a tax return either to make up for some of the years with no support

rini

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