Child Support Question

[SC Minnie]

This is not my situation but a co-workers.

Can child support be garnished from the stepparent of a child?

Situation- father lost his job (he is in danger of being deported which is another long story) and isn't drawing unemployment obviously. The father and his wife (who is a legal US citizen) having been jerking around the mother for a couple of months on why she isn't getting her normal child support. They finally told her 2 weeks ago that he lost his job due to the green card issues. His wife is currently working and the mother asked the child support people (sorry don't know the name of the agency) if the wife's wages could be garnished since the father doesn't have any wages to garnish right now.

 

[Master Mason]

Nope a step parent is not responsible for child support payments. At least in CA.

 

[Mom2Nick]

I am sure they can try but I cannot see how a person that is not a parent and has no legal obligation towards this child would be required to support the child.

 

[polineedyan]

Well, thats interesting. My knee jerk would be, that if the father is not a citizen, and is facing deportation, where does that leave the child? Im assuming that the mother has custody of the child, regardless. Would the step-mother be in the position to pay support..well, if a non citizen marries a citizen, doesnt that make them a citizen? Not sure. I would assume that the answer to this question would be no. However, those who know about the issue would say that the step mothers income counts toward the household. So then, it becomes a maybe..
I really dont know, and am interested in the answers..

 

[TEENEE]

I don't believe a step parents is responsible for the child at all. In Fl the step parents income is not even taken into consideration when the child support is calculated.

I have a question along those lines. My ex is about to layed off. Does anyone know if I will receive child support from his unemployment check?

 

[2girlsmom]

I don't believe they can garnish the step mother's wages, however, they CAN sometimes freeze any joint bank account and seize any joint assets...

 

[undercovermom]

the general rule is that a stepparent is not obligated to pay child support. but there are always exceptions to the rule. and even if a stepparent has no direct obligation to apy the stepparent's income may be considered in calculating the parent's obligation.

some also mentioned citizenship issues. you don't automatically become a citizen by marrying one. your eligibility for permanent resident status improves if you marry a citizen though...and once you get your green card you can become a citizen if you take the appropriate steps. my classmate from law school made a small fortune defending her clients against charges of "marriage fraud"...that the immigrant married the citizen just for the green card and the marriage was otherwise a sham.

if the father is married to a citizne but he's being deported.I wonder if he's here legally, or if he did something to lose his legal resident status.

 

[DrCavin]

I don't believe a step parents is responsible for the child at all. In Fl the step parents income is not even taken into consideration when the child support is calculated.

I have a question along those lines. My ex is about to layed off. Does anyone know if I will receive child support from his unemployment check?

In Ohio the maximum is 50% will be taken from the unemployment.

 

[NMAmy]

.well, if a non citizen marries a citizen, doesnt that make them a citizen?

No, DH has been a resident alien for many years but is not a citizen.

.
However, those who know about the issue would say that the step mothers income counts toward the household. So then, it becomes a maybe..

In New Mexico, at least, a stepparent's income does not count toward child support. It is figured on the income of the biological parents only.

 

[SC Minnie]

if the father is married to a citizne but he's being deported.I wonder if he's here legally, or if he did something to lose his legal resident status.

He came here 10+ years ago when El Salvador was going through civil unrest. He came here illegally and applied for and granted political asylum(sp). He has been reapplying every year and granted even though El Salvador is no longer at war. Well, they finally caught on. He could have applied for citizenship years ago but never did. My co-worker is being told he may have to leave the country for at least a year and apply to come back legally. He already has a lawyer and everything.

The mother has primary custody. When she said she was going to try to get the wife's wages garnished I didn't think she could but having never been involved with child support didnt know. BTW-- the father is in MO and she is in SC.

 

[nannerbadnanner]

the general rule is that a stepparent is not obligated to pay child support. but there are always exceptions to the rule. and even if a stepparent has no direct obligation to apy the stepparent's income may be considered in calculating the parent's obligation.

some also mentioned citizenship issues. you don't automatically become a citizen by marrying one. your eligibility for permanent resident status improves if you marry a citizen though...and once you get your green card you can become a citizen if you take the appropriate steps. my classmate from law school made a small fortune defending her clients against charges of "marriage fraud"...that the immigrant married the citizen just for the green card and the marriage was otherwise a sham.

if the father is married to a citizne but he's being deported.I wonder if he's here legally, or if he did something to lose his legal resident status.

My friend married someone who was in the country illegally, but he had entered the US legally (work visa that was expired). After jumping through some hoops, he was able to legally obtain a green card. My understanding is that someone enters the US illegally cannot obtain a green card just because they marry a citizen. They can be deported even if they are married and have children. Also, becoming a naturilized citizen and obtaining a green cards are two entirely dieffernt things.

 

[Tink888]

In PA - a step-parent is not responsible for child-support payments and their wages could not be attached.

A biological parent's unemployement compensation can be garnished for support payments.

 

[HonnyDipp]

I dont believe they can garnish the step parents wages, but they could have control over the bank accounts if they are jointed as well as the taxes

 

[undercovermom]

in other words, OP, the guy's an idiot. his immigration lawyer is about to make a mint.

it doesnt sound like stepmom's salary can be garnished...unless there are circumstances we dont know about.

 

[SC Minnie]

in other words, OP, the guy's an idiot. his immigration lawyer is about to make a mint.

it doesnt sound like stepmom's salary can be garnished...unless there are circumstances we dont know about.

Well, coworker doesn't seem to attract the cream of the crop to begin with so I agree with you assessment on him.

I didn't think they could garnish the wife's wages. Seems like the mother will be SOL in getting her child support unless the wife pays her out of good will.

How would CS work if he is deported? Would he be shown in arrears when he trys to come back legally? Could this prevent his application from going through?

 

[kimmikayb]

I don't believe a step parents is responsible for the child at all. In Fl the step parents income is not even taken into consideration when the child support is calculated.

I have a question along those lines. My ex is about to layed off. Does anyone know if I will receive child support from his unemployment check?

Yes, you should recieve some if not all your CS.

I don't believe they can garnish the step mother's wages, however, they CAN sometimes freeze any joint bank account and seize any joint assets...

That is correct in Iowa. I'm sure it is true all over.

OP, if the X is deported, it is very difficult to collect any CS. However the arrears continues to accrue if there is an order.

 

[JB111107]

no, step-parent wages can not be considered in calculating child support for any child. Yes, they can collect unpaid child support agains unemployment, but if he is here illegally he cannot qualify to receive that. If I am remembering my HR laws correctly he cannot receive unemployment even if he is here seeking political asylum, as that is not the same as a work visa.

That said, if he has any assets in his name (car, house, boat, etc.) these can all be seized to pay back child support, but you'll need a court order to do so.

Also, remember that while all this is going on, he is still accruing child support payments and intrest/penalties on top of the unpaid balance. He must file with the courts for a reduction of child support and until he does and it goes before a judge, the order will not change. If he is granted a reduction, it can only be retroactive to the day he files.

Can you tell I've been dealing with this crap for awhile myself?