child support taken from step parent?
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Hi, I'm new here and really excited to have found this site
I've heard in some random mom groups I'm part of that in some states (I think Pennsylvania was mentioned as one of them) child support can actually be taken out of the step mothers checks as well?! Does anyone know if there is any truth to this, and if so where I can find a list of such states?
^ yes! please note what she
^ yes!
please note what she said about joint accounts:
If you H falls behind on support or BM pulls some grand scam, the state can (and will) attack any account in his name and can drain it. EVEN IF your name is on that account too.
Many of us keep our finances separate for this reason.
For example:
My H and I have one joint checking account that his paychecks are direct deposit into. Then, I have a checking and savings account in my name only. My money goes into my account. We also pull cash out of his account and deposit that into the account that just has my name on it. This way, if BM tries to pull anything, our savings is protected.
In my state (MI) the step-parents is NOT considered in the calculation of support.
Ohio isn't like that. That
Ohio isn't like that.
That flat out makes no sense. That logic would basically keep people homeless and destitute because no one would want to help anyone if they knew they could be called to pay for their debts. Child support is one of the few debts you can go to jail for and we abolished debtors prison years ago.
If I'm the friend of someone and allow them to live in my house and then they have bills, I'm not responsible for them no matter whether or not I'm keeping them from not dying of starvation or freezing to death on the streets.
Example:
My brother is/was in arrears by $20,000 or more when he got out of jail. He came to live with me as he had no where to go and no job. I supported him until he could get on his feet - he went to court plenty of times for the child support and they never once came after me to pay his child support -even though I was "supporting" him.
On the other hand, if a spouse is in arrears and you file a joint tax return, they can take the refund - however, you can file an Injured Spouse Claim to try to make sure they don't take your part of the refund away.
Being married and using joint accounts is one of the few ways they can get their hand on "your" money. So be smart, dont' get a joint account or just don't get married.
I came up with this question
I came up with this question because in one of the aforementioned mom groups, someone asked if she and her SO got married if she'd have to pay CS... And MANY moms said its possible depending on the state! I will NOT be contributing to BMs pile of money since she lives with her parents and pays no bills or rent, sorry! I'll be moving for grad school soon and I'm sort of wary about which state I end up in now..
Remember, they usually take
Remember, they usually take first and ask questions later, as well! The state screwed up my DH's CS payment, took his tax return and money out of his account, then said, Oh! nevermind, it is here, your employer always pays on time, this one just came in one day late. No problem. Then it takes 6 weeks to get them to give you all your money back.
Separate accounts, Injured Spouse, and, I would recommend, no legal marriage.
My DH's evil ex is going after my money. Our state does not allow that, however, if you have a good lawyer and make the right excuse i.e. "re-directing income" they can even look at your cancelled checks, credit card statements, etc. for longer than we have even been married! Women as an ex - as a BM - are, on the average, CRAZY! Not all, but I would say 90-95% (I was nice, bought my ex out, but no kids were born of our marriage, and I have a friend that actually works with his ex to make sure they are doing what is best for the children. Otherwise I know no one else like that). They are vindictive, mean, out to hurt your DH in any way possible no matter if it hurts the kids or not and they want any dime they can squeeze out of you.
All I can say is good luck, live your lives together, but separately, and just pray you can make it until the SKs turn 18.
I think NJ holds a
I think NJ holds a step-parent financially responsible for CS...?
Seriously, you will have to check into each state that you are considering for school. It's as easy as a simply phone call to the Friend of The Court in the county the school is in.
Yes, it will take extra time, but to know your money is protected is worth time spent.
NJ does not hold a
NJ does not hold a step-parent responsible, thank goodness. I wouldn't have married DH til SD gets emancipated if that was the case! NJ is bad in many other ways though.
When BM took DH back to court a couple of years ago, the court went strictly after tax records for the information. My income was blacked out, and they only cared about his income, and not our joint savings. I'm not sure if we just got lucky, but that was the last time BM will ever be able to go after DH's money. Woohoo!
Blacking out my financials on
Blacking out my financials on our tax return is a great idea. I hope, when the next modification comes, our lawyer will do that. I don't want BM to know anything about how much I earn.
I remember reading something about NJ and it was really bad... It had to do with CS. Hmmm. I can't remember. Anywho, I'm in MI.
I would not have married my
I would not have married my DH, either. NJ IS indeed bad in many other ways. I am so thankful DH's son did not choose to go to college. It makes me sad his son wants to do nothing but smoke pot all day, but if DH had to pay for CS during college (it would have been a joke), it would have been rough to have had to watch that happen. I was half expecting BM to make him enroll....
It would seem to me that any
It would seem to me that any couple faced with the step's income being counted would divorce in a heartbeat. Shoot even Gramps and Grannies are shacking up so Granny won't lose her deceased husbands Social Security or other retirement based on her marital status.
Also it's fundamentally unfair and I would imagine pitchforks and fire brands would appear at any state capital which would try such a thing.
If you're concerned don't get legally married. If you have religious concerns about this ask your local priest (pastor etc) to marry you in the presence of God without the legal license and tell him/her exactly why. If they won't find another one - I know it happens all the time.
That is really hard to do, so
That is really hard to do, so kudos to do. Long arm statutes rarely work. I wish BM owned something so we could put a lien on it!
I'm already married lol. And
I'm already married lol. And I had no idea about the bank account, but that really isnt a big deal (yet) because we live paycheck to paycheck since he pays an ungodly amount in CS and we have no savings. The problem isn't really me helping him pay for everything, but rather the fact that I will make a LOT more than him in a few years and I don't need a percentage taken out of my check. If she wants really good money she can send her own ass to school for approximately 8-10 years...sorry!
Be careful with the bank
Be careful with the bank accounts. I added DH to my account so he could have a debit card (rather than just requesting an extra card). About a month later, there was a $100 fee from my bank. When I called to find out what was happening, it was a fee the bank charges for checking into accounts regarding state claims. And every time the state checked to see if they could garnish money the bank would charge the $100 fee. However, the state could only pull money if the account was over $3000.
Needless to say, they weren't able to get any money because we live paycheck to paycheck (thanks to credit card issues from early life, and divorce debt for DH). After the first incident, we quickly removed DH from my checking account and he just has the debit card that he can use. Lesson learned - especially since it technically is all my money as DH is in school full time. And everything of value (our house, new car, etc) that is purchased with my money is only in my name.
So, check with you bank and see if that could happen if your DH is on your account. You wont know about it until it is too late! I believe it was called an "inquiry fee".
How can your bank charge you
How can your bank charge you $100 for an "inquiry fee" when a third party is inquiring? That is ridiculous they can charge that much for that.
I have never heard of such a
I have never heard of such a thing. Step parents are not a legal party to the child support/custody case so I have no idea how it could even be brought into court.
Please get the details and
Please get the details and post them here as I would love to know how a court, and what court can order a non-parent to pay suppport to a stepchild. It would have to be case law.
What's next? People saying their neighbor or kid's teacher should pay child support and it being ordered?
That's a bunch of
That's a bunch of bullshit...no step-parent should be legally required to pay for a kid that is not theirs. Period.
I have yet to hear or see
I have yet to hear or see concrete proof that one actually does (in the US courts). It's more of "my co-worker knows someone whose cousin had to pay for a stepchild".
Where I live: - parents are
Where I live:
- parents are responsible for the financial support of their children to the age of 18, or under some circumstances, to the age of 22 when a child is pursuing and making a reasonable contribution to a full-time education program
- person such as step-parent may pay child support if they stand in the place of a parent, and intend to treat the child as their own.
I think the key determination
I think the key determination is "If you stand IN PLACE of a parent".
For example: A woman has a child with a man who is no where to be found. She marries another man and he treats the child as his own. They divorce. He could be ordered to pay her child support.
Generally the answer is no.
Generally the answer is no. Sparent income can not be considered or accessed for CS purposes. However, some states have caveats to this general rule.
OR will not directly allow Sparent income to be considered for calculating or paying CS. However, if the Sparent's income is considerable the NCP can initiate a motion to get an income credit to lower the NCP CS obligation based on the CP's spouses considerable income.
This is what happened in our case. DickHead requested that my income be considered and wanted $0.00 set as his CS obligatino due to my income. The judge of course laughed at that request. However, the judge did award DickHead the maximum income credit allowed in OR for CS purposes of $1000/mo. This lowered DickHeads monthly income for CS calculation purposes. No big deal in monitary terms from our perspective. This only lowered his CS by $50.00/mo during the first court hearing but his CS did not actually go down. More CS was awarded than had been in place previously so his CS actually went up by $1.00/mo.
The second hearing 9 years later he did the same thing and was again awarded the $1000.00/mo income credit. This tome though his CS went up by more than 6X since it had been so long since my DW had requested a CS review. The SpermClan just about had a collective stroke on that one. But, the did get the $50/mo reduction in the new CS level due to my income which just pisses me off.
So, good luck. Research your states CS formulas and systems and prepare yourself with knowledge.