Child Support Question

Abby01 · #1 (**permalink**) 09-21-2006, 05:38 AM

As of 9/24, I will be married one year to my wonderful husband

This is my first marriage and his third. He has 2 boys (13 & 15 y/o) from a previous marriage. His ex-wife is starting to complain to him about child support payments. My husband had to pay support in the past but it was dropped a few years ago by her choice. She thought they had another chance to get back together but it didn't work. Anyways, she now wants to push the support issue again. My question is "If I'm working, getting a paycheck, can they touch my money? I was told two stories here in Michigan that she can get money from me because I'm married to him and then I heard that they can't touch mine because the kids aren't mine, I have not adopted them, they are my stepsons." I am nervous about this and if they can do this, we're going to be suffering financially. I don't know how they can touch my money. This is between them from when they were married and their kids. I would love to know what the laws are and any advice that would be helpful for me. I thought that someone out there would know. Thanks for letting me vent and appreciate advice very much!!!!

Patsi

lrivetz · #2 (**permalink**) 09-22-2006, 10:22 AM

I am not familiar with the Law in Michigan regarding child support but hopefully this site can give some insight: http://www.megalaw.com/mi/top/mifamily.php

I hope this is what you need.

jtkz · #3 (**permalink**) 09-22-2006, 11:37 AM

I don't know about Michigan laws, but in Iowa, they can only go by the biological parents earnings, not the step parent's earnings. Hope this helps.

**Crafty Amanda** · #4 (**permalink**) 09-22-2006, 01:20 PM

I'm not sure how it varies from state to state, but I am pretty sure they can only garnish the wages of the actual biological parent, so your money would be safe. Thing is though, if he doesn't pay AND it is court ordered, they can seize your IRS tax refunds, suspend your driver's license, deny a visa for traveling abroad, put a judgement on your credit report, etc, etc.

My husband and I pay child support for one child that ends in June of next year. We fell behind and they suspended his driver's license and slapped our credit report with a judgement. We had to sign a new arrangement to take care of the arrears and then they will reinstate his license.

It's not worth falling behind I guarantee it!

Has she gone back to court to get it reinstated?

Jeannie · #5 (**permalink**) 09-22-2006, 01:22 PM

I would suggest that you call the Family Court in your area and ask them.
I would also suggest a consultation with a Family attorney....they HAVE the answers.

How I see it is that the children are still minors.
He should have continued support regardless of what the wife said, even if he put away the monthly payments in a bank account. She could, if she has an enforceable child support order, say that he quit making payments!...He would still be liable for all that back support. If he did not get a Change in support orders from the Court, he could be in 'trouble'.
We here are not lawyers nor are our particular state laws the same as Michigan law. Don't go this alone.. .do get a consult with a Family Law attorney. I don't think they can come after you personally for the payment, but the monies in a marriage are co-mingled, and in that instance, part of your money may have to go into those payments so your husband would be in compliance with any child support order or he may wind up in jail.

It works both ways, you know. Many second marriage husbands support the children of their wives. It doesn't last forever....and in this case, the kids are almost of age.

Here are some resources for you..

http://courts.michigan.gov/scao/self...ly/support.htm

Jojess4 · #6 (**permalink**) 09-22-2006, 06:11 PM

You really need to contact a family lawyer or family services should be able to tell you. I know that if they try to take your irs refund you can file a form that states that it isn't your responsibility it is called an injured spouse. That way they can only take his refund. I would say they cannot touch your money since you have not adopted them, but I would check the laws first. I would push hard to see a lawyer if he quit paying and now she is wanting money. Especially if it was not court sanctioned.

**cat lover** · #7 (**permalink**) 09-23-2006, 01:59 PM

Contacting a lawyer in your area is by best the best advice! I had a relative that thought if he just quit work and sent a letter to his ex that he owuld no longer be paying child support because he was no longer working!

His current wife does work. His ex contacted a lawyer in the state the divorce was granted and orders were put in place and he does have to pay or his wife's monies will be taken. And all the tax refunds will go to the ex, credit reports will be tagged, etc. This is a rather lengthy story that has many twists and turns, but ultimately I feel if you have the children you should be willing to support them.

Abby01 · #8 (**permalink**) 09-27-2006, 12:44 PM

thanks for all your help and advice. First thing I did was take his name off our checking acct so that way in case she gets $$, she can't touch my money in the checking. I figure it's a start

**cat lover** · #9 (**permalink**) 09-28-2006, 02:36 AM

Good Luck and wishing you the best!

BuddyBeanieBaby · #10 (**permalink**) 09-28-2006, 07:33 PM

All the best to you