Do I have to help pay for child support?
My husband has been served child support papers and we live in California. The daughter in question is 15 years old and lives in another state. He is in the process of setting up a paternity test with the court. If in fact he is the father, will he be responsible for the last 15 years of back pay? Also, he has been out of work for 3 years and I have been supporting us financially. Will I be responsible for helping him pay child support?
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First, do listen to the first poster, she has no idea what she’s talking about. In 1980, a young Navy ROTC student was attending UCLA. One day he was asked by his girlfriend what he thought about becoming a father. He said he hadn’t about as he was too young to be a father and had his Navy career to think about.
The next week she quit school, moved back to her parents in northern California, and refused to ever talk to him again. He never knew what he did wrong, until 15 years later.
As a Navy Commander, one day he went to the on-base bank in San Diego to cash a check, only to learn his accounts were frozen due to child support arrears. The problem with that is he was married with four boys at home, and no others kids, or so he thought.
That night he was served with a retroactive child support order for $85,000 for a 15 year old daughter. They had frozen his accounts so that he wouldn’t try to hide any money. After confirming that he was the father, they drained all the accounts, including joint accounts with his wife.
They lost everything they owned and they attached his gross, pretax income, for 55% for his child support and to pay any remaining balance. He had to move his family out of a four bedroom apartment into a two bedroom on-base apartment. His child support payment was based on his income, 20% of his wife’s income, and the estimated commercial retail value of the on-base apartment he had to move his family in to.
All that because he told a girlfriend, whom he did not know was pregnant at the time, that he was too young to be a father. She took it as a rejection of her and the baby.
You’re fortunate in that this is an out-of-state case, otherwise you may be really hurting now. You need to start taking steps to separate your assets from his right now, before the paternity is established.
There’s a lot he needs to learn to be prepared for what’s coming. Go to Dads House in Yahoo Groups. There’s an educational manual in the file section that can teach you what you need to know. Take the time to learn what you can and should do.
He might also check to see if the state the mother lives in has an alienation of affection law, and sue her for waiting so long.
http://health.groups.yahoo.com/group/DadsHouse/
California Child Support Calculator
http://previews.tinyurl.com/Calif-CS-Calculator
http://www.rcfp.org/taping/
http://www.fathersandfamilies.org/
http://www.parentalalienation.org/
Wow you got a winner there.
Yes, you will indirectly have to pay because he WILL have to pay something, even if he is getting disability, etc.
Sorry but you really need to think if this is the kind of "man" you want to stay married to. You probably do not want to get pregnant at all.
Yes, he will likely be responsible for the back payments if he’s the father. Paying the child support is not *your* legal duty, it is his. If he does not have an income, he cannot pay and will have to find a job.
what a looser, the girl is 15, and now he wants a paternity test, because he is ordered to pay child support. yes he will have to pay back support, and if he is not working they will make him find a job.
well…I dont think they can take your wages, I am not sure, but if you file taxes jointly they can take ur taxes. Her hasnt worked in 3 years? In 3 years he couldnt find any kind of job? Hes a looser!
First off, yes he will owe back for 15 years.
Secondly, no your income willnot be taken into consideration but you will probably end up paying it anyway because if he doesn’t send the money, he can be arrested.
I am not sure of the laws in CA, but in OR you are only responsible for child support from the time the petition is filed. My husband has 2 children from a previous relationship. They were 8 and 11 when his ex filed for child support in 2005. He has paid from that point on, but does not have to pay from before then. If paternity is proved, he will need to pay until she is 18, 21 if in college full time. Your paychecks are safe. It is his obligation not yours. However, if he is receiving unemployment or disability, child support will be deducted from those. Also, if filing taxes jointly and he owes back support ( because he does not have a job and can not pay at this time if the petition goes through) your federal taxes will be held to pay what is owed.
On a separate note… and really none of my business… but is it a joint decision that he be home? Is he taking care of the kids or injured? If not then tell him to get his a** to work. Sorry, been there and know how rough that can be.
Hope I answered your questions.
this is why i wont marry my b/f cause he is 12,000. behind in child support has not worked much in the last 3yrs. I do not want to have to pay his support and mine cant do it.. but i do think you are obligated since you are his wife… sucks good luck!!!