Spousal Income

[stepmom&mom]

What is the name of your state?Oklahoma

There is an obvious split in opinions on this board regarding whether or not the income of the NCP's spouse can/will be considered in determining child support. Some people here say never, some say always, and some people say sometimes. Now, obviously, it will vary from state to state, but I'm interested in clarification on this.

In addition to being a CP, I am also the spouse of an NCP and my income has never been used to figure out my husbands income, even when he was a fulltime student and I was the only one working. We simply paid the child support out of my paycheck and the amount was based on minimum wage (since he was a student.)

For those of you who believe spouses income is considered, why do you think that is? Has this happened to you?

For those of you who think it cannot be, is it specifically stated in your state statutes that it is not?

 

[betterthanher]

What is the name of your state?Oklahoma

There is an obvious split in opinions on this board regarding whether or not the income of the NCP's spouse can/will be considered in determining child support. Some people here say never, some say always, and some people say sometimes. Now, obviously, it will vary from state to state, but I'm interested in clarification on this.

In addition to being a CP, I am also the spouse of an NCP and my income has never been used to figure out my husbands income, even when he was a fulltime student and I was the only one working. We simply paid the child support out of my paycheck and the amount was based on minimum wage (since he was a student.)

For those of you who believe spouses income is considered, why do you think that is? Has this happened to you?

For those of you who think it cannot be, is it specifically stated in your state statutes that it is not?

Unless some states have specific language that forbid spouses' income, assets, etc to be calculated -- regardless of situation -- then I believe spouses income can be used IF the situation warrants.

 

[stepmom&mom]

Then I'm very surprised that my dh's ex hasn't tried to do that. She tried everything else to get his child support either raised or get his license suspended, albeit unsuccessfully. It wouldn't matter now (since he works and I'm the student), but back then it probably would have. I was there everytime my dh went to the CSE office and they never once asked me for my information.

 

[simpleguy05]

Then I'm very surprised that my dh's ex hasn't tried to do that. She tried everything else to get his child support either raised or get his license suspended, albeit unsuccessfully. It wouldn't matter now (since he works and I'm the student), but back then it probably would have. I was there everytime my dh went to the CSE office and they never once asked me for my information.

Because guess what? They aren't your kids. Thats the bottom line. If someone can prove this wrong then by all means...

 

[stepmom&mom]

Because guess what? They aren't your kids. Thats the bottom line. If someone can prove this wrong then by all means...

Yeah, but the point is that some people here believe that stepparents income IS calculated in child support.

 

[nextwife]

Yeah, but the point is that some people here believe that stepparents income IS calculated in child support.

IMHO- if a step has no legal rights they should have no legal obligations. Besides, they have their OWN plans and obligations.

 

[mom6stepmom2]

What is the name of your state?Oklahoma

There is an obvious split in opinions on this board regarding whether or not the income of the NCP's spouse can/will be considered in determining child support. Some people here say never, some say always, and some people say sometimes. Now, obviously, it will vary from state to state, but I'm interested in clarification on this.

In addition to being a CP, I am also the spouse of an NCP and my income has never been used to figure out my husbands income, even when he was a fulltime student and I was the only one working. We simply paid the child support out of my paycheck and the amount was based on minimum wage (since he was a student.)

For those of you who believe spouses income is considered, why do you think that is? Has this happened to you?

For those of you who think it cannot be, is it specifically stated in your state statutes that it is not?

I just went back to court for a child support modification with my ex husband. I found out he is making $10,000 per year more than when child support was first factored. When we got into court my ex husband asked for his child support to be lowered based on the fact that I am remarried and my husband has an income. Then he submitted a child support calculation with my husband's income included as an addition to my income.

Judge said sorry, no. Only my income is factored against my ex husband's income. Spouse has nothing to do with anything. So his child support was raised.

 

[simpleguy05]

I just went back to court for a child support modification with my ex husband. I found out he is making $10,000 per year more than when child support was first factored. When we got into court my ex husband asked for his child support to be lowered based on the fact that I am remarried and my husband has an income. Then he submitted a child support calculation with my husband's income included as an addition to my income.

Judge said sorry, no. Only my income is factored against my ex husband's income. Spouse has nothing to do with anything. So his child support was raised.

TA DAAAAAA! See, facts are facts. It takes two to tango...nothing more.

 

[housemouse2]

§ 154.069. NET RESOURCES OF SPOUSE. (a) The court may
not add any portion of the net resources of a spouse to the net
resources of an obligor or obligee in order to calculate the amount
of child support to be ordered.
(b) The court may not subtract the needs of a spouse, or of a
dependent of a spouse, from the net resources of the obligor or
obligee.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995

 

[mom22boyz]

According to the Ohio Revised Code -

§ 3119.23. Factors relevant to granting deviation.

The court may consider any of the following factors in determining whether to grant a deviation pursuant to section 3119.22 of the Revised Code:

(G) Disparity in income between parties or households;

(H) Benefits that either parent receives from remarriage or sharing living expenses with another person

Both of these factors COULD result in inclusion of stepparent income in computation of child support. I am, however, under the impression that the occurence is rare as are most other deviations.

Ohio DOES require spousal income as a line item on all Child Support Modifications requests, but again it is not regularly included.

 

[424Smudge]

It is usually very extreme or out of the ordinary conditions where a new spouses income is considered. In your case CS was still being paid even though it was coming from you check. The courts don't really care who pays it as long as it is paid. I know that CS comes out of my hubbies check automatically but since his work can only legally take 50% of his check I am the one that covers the rest. Even if dad remarries a movie star it still wouldn't be a valid reason to take the spouses income because that income would not be a factor if the parents never got divorced. I agree though that since I have no legal rights to the children then I should not be LEGALLY obligated to support them.