Saturday, October 31, 2009

Question about new relationship and child support issues?

my fiance's ex wife claims that she can supena me for information regarding where i will be moving with her ex husband if i refuse to give her the information so she can hand it over to the child support contacts. is this possible? isn't it the job of the court system to find where he lives, not for me to give her the information?
Answers:
If you can give her the answers she is looking for ,, yes. If her ex is not complying with the court letting them know that he has moved or got a different job and you know the info. She can do that. Why not make it easy for yourself and tell her so she can get what needs to be done.
Don't know about all that, but why would you keep it a secret? Don't let him be a deadbeat dad.
She can file a claim for increase or change in support, if you are married your household income would need to be reported, but not used in the calcuation of support.
I think you are correct, the court would find out the needed info.
Actually, by law it is your fiancees responsibility to contact the child support office and notify them of any change in employment or address with in thirty days of the change. You are not a part of the custody situation and she can not get you involved. She can try to tell you what ever she wants but this is between her, her ex and the courts. Tell her to leave you alone, but convince your ex to do the right thing, since it could come back to haunt him and ultimately effect you in the long run.
The court system is there to help women who are raising their children without any help from the father, and to hunt down deadbeat dads.
But to answer your specific question: You COULD play hardball and refuse to give it to her, but then she can do what she told you she would -- and then, the courts would have no choice but to step in on her behalf. Then it will be much harder for you and your fiance, not to mention straining your fiance's relationship with those kids and making the whole situation worse.
Take the easier way and give her what she would find out anyway -- why make it worse on everybody, including you?
You're doing what most fiance's of baby's daddy's do, you're focusing on the mom. Think about the kids, for goodness' sake, and do what's right for them. Holding back might seem like the right thing to do to piss her off, but it won't help anything really.
Her subpoenaing you or him is how the court learns where he is moving. Your fiance can't avoid paying child support just by moving. He has to support his children.
What really disturbs me about your question is this question: If he's not going to suport his children with her, why do you think he'll support his children with you?
It is the job of the court system to find out where your fiance lives, on that account you are right, but when it comes to child support issue, the other parent (in this case, the ex-wife) can legally seek out this information if your fiance has not updated his contact information with the courts.
I am not so sure about her subpoenaing you for the information though.
You being in a relationship with her ex, has no legal bearing on child support issues. They are not your biological children, or step children (yet) so you are not legally obligated to do anything.
If you are really unsure, you should contact an attorney and get the official word on what your legal rights and obligations are.
Hope this helps.
Let her claim she can all she wants! No attorney worth their salt will ever get a "new" partner involved in something like this! They are too unpredictable on the stand. The only thing she can do is wait until AFTER you two move, then file a Motion in her local Court to obtain the information from your soon to be hubby.
Sounds like the woman is a little unstable to me. If she rants like this in Court, the Courts knows she is a little unstable.
I wouldn't worry about this, just ignore her.
Uh. why is this an issue? If the fiance has no issues and pays on time there isn't one. If there is an agreement he can't be touched if he informs the court of a move. Its no big deal.
If he moves(even to another state) and does not pay the ex can spend 30 minutes in court, put out a warrent, it will go into the system and his license will be suspended. Eventually he will get picked up somewhere.
Even if there was some sort of unfair thing with the ex thing going on one would fix it. Simple as that. Yes they would go after him but they can go after you as well to gather evidence. But again why would they if your guy is upfront and dealing with it?
So they are looking for him later and you are married. His debts are yours. Bank accounts, house, cars and everything can be siezed.. easy. So there you are with a kid and have nothing. Are you going to trust a guy who can't work this out and protect his new family.. which would be you, his new wife.
If this is going on you need to think about it.

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