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my ex owes back child support and is married. Is his wife partially responsible?
Thank you for advice, it's just that he's behind $37,000. and I do have a court order. I'm fustrated because even being on probation he still gets away with not paying. He has a cash job hasn't filed taxes in years. I request probation violations for not complying with the courts order and it takes months to get a hearing date and months of continuances. The outcome is, the judge takes no action and lets him off the hook. The prosecuting attorney is no help at all. He tells me that all the jails are full so jail time is highly unlikely. He's gotten away with not paying going for 13 years. My question is why is the system backwards? They told me that if he ownes anything with her name on it that they cant touch it. HOW CAN THIS BE??
12 Answers
- ElizabethLv 72 decades agoFavorite Answer
No. Only the parents are responsible for the financial support of a child. (See link.)
- ?Lv 62 decades ago
Only your X is financially respomsible. Depending on where you live try checking with your local District Attorney Child Support Division. Most times they can garnish his wages and tax returns (which if he is filling jointly with his current wife they will take back the return money regardless of whose job it came from)
This is the best way to collect if you have a court order.
If you dont have a court order contact the DA to get one.
If he owes back support (arrearages) they will go after him for that also.
They can also collect money from disability, and unemployment if he gets it.
Remember even if he dosen't have a job or claims he has no job/money the DA does NOT care they will go after him.
In California they will take away any state issued license ( drivers license, contractors license,etc.)If you owe enough in back support.
In other words they can make his life miserable if he does not pay.
( This is not intended as legal advice,and you do NOT need an attorney to contact the DA Child Support in ypur area )
Source(s): Online law resources/ experience - 2 decades ago
Yes and No, you'll need to check the laws in your state/county. Since they are married her income could be garnished along with his, to pay the child support in full. You might look into getting an attorney to take him to court, if he isn't paying. That is HIS responsibility, but she did take that on when she married him.
Good Luck.
- 2 decades ago
This depends on the state you live in. It also depends on the agency (Friend of the Court in Michigan) that handles these issues. But if they file joint taxes and they are to get a refund the goverment may give that to you. In that case yes she is responsible for it. That is unless she files for a injured spouse relief under the IRS guidlines in order to get her portion of the return back. That can take up to 6 weeks to occure if the IRS finds in her favor.
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- 2 decades ago
If your ex see's the kids then it's her responsibility to take care of the children when they r at their house but as for the back child support it's all up to your ex to pay. Take him back to court for it.
- stormyLv 42 decades ago
It's hard to say not knowing much about your situation. I would say it is not her responsibility to pay the child support. However, if u r asking is she responsible for him not paying I would say maybe. Is she vindictive? Does she do other things to cause problems? If so, the answer is probably yes.
Good Luck!
- 2 decades ago
No, it's not her child so she is not financially responsible. If the government takes their taxes for back child support they can only take half, because the other half belongs to her.
- 2 decades ago
No, she's not responsible for supporting the child that you and your ex created, that responsibility lies soley with you and your ex. Child support and back child support will only be calculated on your ex's portion of their income.
- Anonymous2 decades ago
she is not responsible for the finances he owes by law. but morally she should hold him responsible in their home to see to all of his children. she is responsible when he takes his visitation to help care for the children. remeber though that she is his help meet not his mother.
- me4tennesseeLv 62 decades ago
Legally NO, but she will be paying for all his living expenses as he pays you back child support! It should suck for her if that makes you feel better! :)