Can My Ex Get Child Support From My Spouse?

[great_ideas]

What is the name of your state (only U.S. law)? Indiana

My ex just got laid-off most likely permanently. When he paid me CS he paid about 5% of his income every week. I pay 25% of my income evey week. I make less money than my ex, I pay him MORE child support than he paid me. I see our daughter more than he ever did in 8 years, and she is on my husband's insurance. Here dad was court ordered to provide insurance and he has failed to maintain it. I am afraid to file contempt for that, because I am worried that if I do file contempt the judge will only order that I provide insurance, and then what if my husband's company will not allow stepkids on their plan anymore?

I was getting the paperwork together to file a modification in child support, but now since ex is laid off he claims that he will be able to get money from my husband as well as child support from me. I have looked, and I cannot find any cases where that is true, but could it actually happen? If I follow through with the request for a modification is there any chance that I could end up paying my ex more child support since he is laid off? I have found cases with both happening. In Indiana will they enter his income as what he is capable of earning, what he was earning, or as what he is making (Nothing), or as unemployment compensation would be if he was earning it?

Thank You

 

[Gracie3787]

What is the name of your state (only U.S. law)? Indiana

My ex just got laid-off most likely permanently. When he paid me CS he paid about 5% of his income every week. I pay 25% of my income evey week. I make less money than my ex, I pay him MORE child support than he paid me. I see our daughter more than he ever did in 8 years, and she is on my husband's insurance. Here dad was court ordered to provide insurance and he has failed to maintain it. I am afraid to file contempt for that, because I am worried that if I do file contempt the judge will only order that I provide insurance, and then what if my husband's company will not allow stepkids on their plan anymore?

I was getting the paperwork together to file a modification in child support, but now since ex is laid off he claims that he will be able to get money from my husband as well as child support from me. I have looked, and I cannot find any cases where that is true, but could it actually happen? If I follow through with the request for a modification is there any chance that I could end up paying my ex more child support since he is laid off? I have found cases with both happening. In Indiana will they enter his income as what he is capable of earning, what he was earning, or as what he is making (Nothing), or as unemployment compensation would be if he was earning it?

Thank You

No, your husband's income cannot be used to determine CS.

Since your ex's loss of income was involuntary, imputing an income should be done only if ex is not making any real effort to find another job.

For now, you should get a consult with a local attorney before you file anything.

 

[great_ideas]

I'd love to consult an attorney, but there is no way that I can afford it at this time. I didn't think that he could take my husband's income too, but he takes 1/4th of mine, and I still end up paying for our daughter's clothes, coats, shoes, school supplies, etc.

I used the Indiana Child Support Calculator, and my CS is ordered at nearly 10 times the amount the calculator figures. It is 3 times the amount the calculator figures if I impute my ex's wages.

I really hate to argue about money. I don't want to sound petty in court, but it is getting harder for me to get by since I have to pay out 25% of my wages in Child Support. I am hoping that the judge will see this. My attorney at the time refused to file a motion to correct errors. She said that the judge could order what ever she saw fit for support!

 

[LdiJ]

I'd love to consult an attorney, but there is no way that I can afford it at this time. I didn't think that he could take my husband's income too, but he takes 1/4th of mine, and I still end up paying for our daughter's clothes, coats, shoes, school supplies, etc.

I used the Indiana Child Support Calculator, and my CS is ordered at nearly 10 times the amount the calculator figures. It is 3 times the amount the calculator figures if I impute my ex's wages.

I really hate to argue about money. I don't want to sound petty in court, but it is getting harder for me to get by since I have to pay out 25% of my wages in Child Support. I am hoping that the judge will see this. My attorney at the time refused to file a motion to correct errors. She said that the judge could order what ever she saw fit for support!

If you are using the calculator correctly and its off by that much, then you should file for a modification. Try it with zero income for dad, and then try it with minimum wage, and then try it with what he should be able to earn. Include the health insurance on your end and then the health insurance on dad's end.

In other words, play around with it to see best case and worse case scenarios. That way you will know for certain if you have any risk in filing for a modification.

However....it might be strategically better to wait until dad gets a job to do so.