Legal question

[horseshowmom]

My niece talked to me today about a problem that has come up.

First some background - She's married to a man who had been divorced quite awhile when she met him, and he has one son. She has a daughter (her first husband died young), and she and her current husband have a baby together (they've been married a couple of years).

She put herself through school to better be able to care for her DD since her first husband died. She worked as a paramedic through school, got a teaching degree (B.S.), and now teaches school.

They were just served with papers that her DH's ex-wife is taking them to court to get 14% of my niece's salary. The husband already pays the percentage as set forth in the state guidelines (never late, pays for extra stuff as needed, etc.). The ex-wife doesn't work even though the son is in school.

I told her that I thought she didn't have anything to worry about. Since then I've looked up the state statutes, and they actually say "excluding the income of the absent parent's spouse", so I'm pretty sure she's okay.

Has anybody ever had this happen to anybody you know before?

 

[MorganLeFey]

Each state is different, but generally speaking...

Your neice's salary should be excluded if her dh is earning a living and paying support.

If he were not working, arguably her income could be imputed to him if she were supporting him. but that's not the case you're describing.

 

[Beth76]

Wow I sure hope she can't do that. Sounds like an awful woman. I would quit my job before giving her a dime of my money.

 

[horseshowmom]

I would quit my job before giving her a dime of my money.

That's exactly what my niece said...

 

[bicker]

I am very interesting in finding out how this works out. I can understand this happening with regard to assets, but not with regard to income. With regard to assets, consider the following scenario: A married couple, one is a divorcee. The split of expenses in the household is not divided evenly, but instead the divorcee pays on-going expenses (utilities, food, etc.) while the other partner pays for acquisition of assets. When the divorcee's ex-spouse sues for support, or an adjustment of support, the divorcee has no assets -- everything is in the divorcee's new spouse's name. This practice has been determined to be counter to the public interest, in many states, and therefore in those states it is permissible to consider the divorcee's new spouse's assets in determining how much support is due the spouse's ex-spouse.

 

[simpilotswife]

Tell them to get an attorney. A family law attorney can tell them what this person can or can't do.

 

[doxdogy]

She should contact a lawyer as soon as possible. Just did a quick google search and according to one website the new spouse's income can not be used to determine child support in the state of Florida.

 

[MorganLeFey]

I'm sure, though, that if you did a thorough Westlaw search...there'd be exceptions to the rule.

I'm sure your neice and her dh will contact a lawyer should his ex bring any court proceedings to increase her support. She's probably only making noise about going to court to extract some concession from him that she's not entitled to.

 

[horseshowmom]

They have an appt. with an attorney this week. They were just served with the papers last week.

Since our state code actually says the percentage is figured on "the gross income excluding the absent parent's current spouse's income", I'm pretty sure she's okay.

Reading the papers was just such a shock to her. She's worked so hard to educate herself in order to take care of her DD as well as she could, and she was upset by the thought that this person could possibly take her money. She certainly wants the woman to have what is rightfully hers but didn't feel like that included her salary (and I would have to agree with her).

 

[olena]

Apparently Ex-wife had a lawyer draw these papers up. If your niece's income was exempt from this woman's greed, then I gotta wonder why the lawyer would include it. You'd think they knew better. Maybe they're just going for broke and letting the judge say no to that demand.

I'm sure a competent family law attorney will be of great help. Best of luck and keep us posted on the outcome.