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  1. #1
    Join Date
    Aug 2016
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    Question Is a Payor's Spouse Responsible for Child Support

    My question involves a child support case from the State of: FL

    My husband and his ex wife have 1 child. Child resides in FL and we reside in GA. Child support was included in the divorce documents but no specific child support order is listed within the court. He pays when he can and what he can but should one day that not be good enough for the biological mom, am I also responsible for child support should she decide to take him to court. We are legally married and I am the head of household. He is not consistently working at the moment.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Is a Stepparent Responsible for Child Support

    He is responsible to pay his child support. However, if he chooses not to seek modification of support based upon his unemployment, it is possible that eventually a collection effort will be made against a joint asset -- such as a joint bank account -- leaving you with an uphill struggle to recover the garnished funds.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Is a Payor's Spouse Responsible for Child Support

    Quote Quoting jk-smith
    View Post
    My question involves a child support case from the State of: FL

    My husband and his ex wife have 1 child. Child resides in FL and we reside in GA. Child support was included in the divorce documents but no specific child support order is listed within the court. He pays when he can and what he can but should one day that not be good enough for the biological mom, am I also responsible for child support should she decide to take him to court. We are legally married and I am the head of household. He is not consistently working at the moment.
    You may want to make a point of completely separating your finances from those of your husband, and sooner rather than later. It's easier to put the milk back in the fridge while it's still fresh than try to clean it up once it's gone sour and spilled everywhere.

    Apologies for the truly atrocious metaphor.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is a Payor's Spouse Responsible for Child Support

    Quote Quoting jk-smith
    View Post
    My question involves a child support case from the State of: FL

    My husband and his ex wife have 1 child. Child resides in FL and we reside in GA. Child support was included in the divorce documents but no specific child support order is listed within the court. He pays when he can and what he can but should one day that not be good enough for the biological mom, am I also responsible for child support should she decide to take him to court. We are legally married and I am the head of household. He is not consistently working at the moment.
    Just FYI, if child support was included in the divorce documents then child support is court ordered. Therefore he can be held in contempt.

  5. #5
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Is a Payor's Spouse Responsible for Child Support

    Yes, he owes it and yes, the state/biological mother can come after any common assets/accounts that you share that his name is on (tax returns, bank accounts etc). They can't generally garnish your wages.

    He owes the money, he knows that he does, you know that he does. He needs to go back to court now and reduce the amount if he can't pay it. In some states, he will owe the difference of what he isn't paying even after the child turns 18 until it is paid off. And often can get charged back fees and interest.

    That said, why not think just a bit about the child in the situation (rather than blaming the bio mom about his partial payments)? Doesn't that child deserve the support? You married their dad knowing he had a child he had to pay support on.... Maybe I am weird but what is mine is also my husbands and vice versa.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Is a Payor's Spouse Responsible for Child Support

    Perhaps OP and Mr. OP would like to go here for further information.


  7. #7
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Is a Payor's Spouse Responsible for Child Support

    If you file a Joint Tax Return the IRS can also keep tax refunds to pay for child support arrears if the court orders it.

  8. #8
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Is a Payor's Spouse Responsible for Child Support

    Quote Quoting jk-smith
    View Post
    My question involves a child support case from the State of: FL

    My husband and his ex wife have 1 child. Child resides in FL and we reside in GA. Child support was included in the divorce documents but no specific child support order is listed within the court. He pays when he can and what he can but should one day that not be good enough for the biological mom, am I also responsible for child support should she decide to take him to court. We are legally married and I am the head of household. He is not consistently working at the moment.
    Don't file a joint tax return. They'll take your return if he is in arrears and it can take up to six months for you to get your portion of the return back. Otherwise no you are not responsible for anything. He is. And they'll take money from anything with his name on it.

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