My boyfriends ex wife wants to take my income for child support... Can she do this?

[shanny]

I'm not sure if this is the right place to post this... but I need some advice. My boyfriend pays his exwife child support for his two children. His exwife just found out though that me and my boyfriend are living together and wants to reapply with Domestic Relations and try to take some of my income too. Me and him are not married. Does she have any right to do this? Is it possible that she could actually take my money?

 

I have no problem helping with his kids but I choose to do things for them directly. His exwife is extremely lazy and works only part time and choses to just live off the child support from my boyfriend. I work hard and make a very good income. It makes me SICK that this lazy b*tch might be able to get my income.

 

Help! I live in PA... I'm sure the laws are different in different states. Does anybody know?

 

Thanks!

[whichwayisup]

As far as I know, she cannot do that.

 

Talk to a Lawyer though, and find out the laws in your State.

[SingleDad]

I do not think his ExW could get to your income even if you were married. Calculators are based on his income only.

[melodymatters]

Short answer: NO

 

My friend breeds high $$ dogs and is married to her H. His ex tried to go after her dog money, and in NO state that i've ever heard of, can a woman go after the new wife, or GF's money.

 

Relax.

 

...and tell her to go F*ck herself:cool:

[shanny]

OK... thank you guys. I'm really freaking out about this. She's really playing the victim here because my boyfriend left her after 18 years of marriage. But he is paying her A LOT of child support and she is only working part time. The kids are 14 and 17 so she does not need to be home with them. She just choses not to work. She makes me unbelievably angry especially since I work like crazy.

 

If she can actually do this there is really something wrong with the world...

[almost famous]

You're still with this guy? Arrrrgh!!!!

Isn't this the guy you posted about who was cheating on you with her and then you saw his emails and they were stating how he was only with you for financial support?

Please tell me this is a new guy.....

[shanny]

You're still with this guy? Arrrrgh!!!!

 

What do you mean? Do you remember my old posts from when we were having problems? I know it seems weird... he cheated on me with the lazy ex wife very early in our relationship... but I left him in May and spent two months away from him. Getting the guts to leave him showed him what he lost. Since then it has all changed. The guy who once guarded his cell phone with his life lets me look at it anytime... he gave me the passwords to all his emails and his myspace. He told his wife right in front of me that he wants to be with me and iniated a divorce.

 

This doesn't forgive what he did... he hurt me a lot in the first year of our relationship... but he had just gotten out of an 18 year marriage. He has proved to me that it is me he wants to be with... and he has been NOTHING short of wonderful. He has become what I've always dreamed of in a man. People can change!

[pelicanpreacher]

Be careful. If you comingle assets such as real estate, chattel, or investment accounts then she can attach liens to them if there is an outstanding arrearage owed on his child support. I would also suggest that if you get married that you file your income taxes separately to ensure she can't attach an order against any returns that you might receive by filing jointly.

[mark982]

i'm also in pa. no she can not touch your $$, even if you were to marry, they could still not touch your money, so they can not add your twos togrther and get a new amount of child support.

[Art_Critic]

But he is paying her A LOT of child support and she is only working part time.

 

As far as I know she cannot do that.. only his income is considered and the other issue is that the divorce has already happened and CS already was decided on his income and normally when a judge rules it is difficult to undo that unless he himself is making tons more per year..

[whichwayisup]

Even if you had alot of money, inherited it, she would still NOT be allowed to get a cent from you.

[TrustInYourself]

Even if you had alot of money, inherited it, she would still NOT be allowed to get a cent from you.

 

Unless you ran her over with your car while she was walking into the grocery store or pushed her down a flight of stairs. Think about it.

[almost famous]

Sorry but I don't think this guy will change. He already wrote in his emails to his exwife that he was only staying with you for financial reasons and he wanted to be with his ex, not you.

 

I would drop this guy. People do not really change that much. He probably realizes that you make decent money, his ex is poorer than crap, he'd have to get a better job to get back with her so he settled for you, because you can help support him.

 

Sorry but from reading all the backposts about this idiot, my best advice is to dump him and find someone who really loves you, not your financial security.

[Gunny376]

"Natta-gonna-happen" No worries here. Go tell her to blow it out her azz!

 

With that said as another poster said, if he gets behind on his child support for some reason, and you and he have joint assets, even such as a checking account ~ she might, maybe, possiblly attach a lein to such?

 

But attaching a lien and collecting from one is a whole different story. Easier said than done, although the IRS is damned good at it.

 

When it comes to money worries, the only people you really need to fear is the IRS. They can and will be brutal. And even then I've found them most reasonable if you are. They'll work with you.

 

The XHEX hasn't any claims on you! Just keep seperate bank accounts, assets, etc. Don't co-mingle your assets, accounts, investments and you won't have anything to worry about.

 

Guns

[LucreziaBorgia]

You will seriously want to see someone who practices family law. His ex-W's lawyer might try to find a way, and you will need to protect yourself with someone who can trump that.

[almost famous]

Let's not keep forgetting that this is a guy who was cheating on Shanny with his exwife the whole time he was with her, just a month or so ago she had posted she had found a bunch of emails from him to his exwife stating he was just staying with Shanny for financial reasons and he was going back to her soon.....

this guy is not a winner. You don't just change within a month. He is using her for financial reasons. the ex-wife is beside the point.

[soserious1]

I'm not sure if this is the right place to post this... but I need some advice. My boyfriend pays his exwife child support for his two children. His exwife just found out though that me and my boyfriend are living together and wants to reapply with Domestic Relations and try to take some of my income too. Me and him are not married. Does she have any right to do this? Is it possible that she could actually take my money?

 

I have no problem helping with his kids but I choose to do things for them directly. His exwife is extremely lazy and works only part time and choses to just live off the child support from my boyfriend. I work hard and make a very good income. It makes me SICK that this lazy b*tch might be able to get my income.

 

Help! I live in PA... I'm sure the laws are different in different states. Does anybody know?

 

Thanks!

 

 

A word of caution.. they might not be able to directly attach your salary however what they can look at is this... he lives with you now, his expenses are lower, they can decide to go after more of his income based on his reduced living expenses. You could easily end up obligated to foot a lot of his personal expenses simply because he won't be able to afford them.

[TrustInYourself]

If you left him, would he run back to his ex-wife or you? If you quit your job, what would his reaction be? Supportive or angry?

[Angel1111]

Even if you had alot of money, inherited it, she would still NOT be allowed to get a cent from you.

 

Actually, inherited money is yours alone, not even the spouse has rights to it - at least that's the way it is in the state I live in.

[Art_Critic]

A word of caution.. they might not be able to directly attach your salary however what they can look at is this... he lives with you now, his expenses are lower, they can decide to go after more of his income based on his reduced living expenses. You could easily end up obligated to foot a lot of his personal expenses simply because he won't be able to afford them.

 

 

Child support is not figured on expenses.. it is figured by a % of total wages..

The only way she can raise child support is if he makes more income.

and even then it would have to be a great deal for a judge to grant that...

 

http://www.alllaw.com/calculators/childsupport/pennsylvania/

 

What is interesting is that in PA the amount of moeny that the custodial parent makes effects the amount of the child support..

 

So.. the fact that she doesn't work or makes very little, he had to pay more in child support for that reason.. if she does go get a great job then he should be able to have it lowered though.

[RecordProducer]

Think TAX! If you are are filing joint taxes (probably not), then she might have a case. I really don't know. Google it. I think child support is based on certain criteria, but mostly income. Just because it's cheaper for him to live wiht someone doesn't mean he should pay more in child support.

[Lizzie60]

Hum... I don't know about those laws.. but if I were you, I would consult with a lawyer just to be on the safe side..

 

What if....

[RecordProducer]

What if....

You can always move out.

[Trimmer]

You will seriously want to see someone who practices family law. His ex-W's lawyer might try to find a way, and you will need to protect yourself with someone who can trump that.

 

A word of caution.. they might not be able to directly attach your salary however what they can look at is this... he lives with you now, his expenses are lower, they can decide to go after more of his income based on his reduced living expenses. You could easily end up obligated to foot a lot of his personal expenses simply because he won't be able to afford them.

 

Definitely, consult a lawyer. I am not one myself, but I did all our paperwork, and in my state, determining the "basic" support requirements does not take other people's income into account. However, there is a secondary section on our forms, which does require (under penalty of perjury) disclosure of the income of (1) a new spouse, and (2) another adult in the house with whom a "committed emotional relationship" exists, or something along those lines.

 

Now, that's my state, I'm not actually sure what a judge can do with that ("take it under advisement?") and what other posters have said here may well be true, that once things are set, there's a fair obstacle to going back and changing them, but there are mechanisms for it...

 

But you can be sure that if she manages to get herself a lawyer that is willing to go after this, that you'll at least have to respond to filings and possibly "state your case," so don't worry too much (maybe she'll get told "you're crazy" when she tries to retain a lawyer for this purpose...) but don't underestimate either.

 

Go schedule a half-hour session with a lawyer for a consult. Prepare in advance, review and refamiliarize yourself with your existing child support order, and take it with you when you go, then learn all you can about it. See if there's anything preemptive you can do that might make her think twice about even starting something; especially if she's lazy, she may back off if she sees that you're organized, educated, "lawyered-up" and ready for a fight...

 

The other point that is a good one is that in my state, even if they consider a live-in partner or new spouse's income in child support calculations, it is still the parent - and only the parent - who is responsible for paying the child support. In other words, even if things change with respect to the total support ordered, the only person they can still "go after" through legal means is the parent who's a party to the divorce...

 

Go talk to a lawyer - educate yourself, prepare yourself.

[RecordProducer]

I think INCOME, not expenses ount in determining child support. If living with another person means less expenses (ie. more money for the kids), then buying a yacht should lower the child support amount, cuz now the father will have less money for his children.

 

As much as I know, child support is based on income and how he organizes his assets is up to him. Now, I am sure there are considerations that we don't know about.