Getting married

[oklahoma]

I realize laws are different from state to state--just thought that this particular aspect was universal--perhaps it is not.  We have researched many aspects of child support *in Oregon* very carefully.  It was a CSE caseworker who told us specifically they could not do anything unless my husband was $2000 or more in arrears.......

Actually, when we first lost our business and my husband missed his first few CS payments (after 7 years of missing none), my husband told BM to call CSE and ask them to do something, which of course she did.  They still had to wait until we hit that magic number.

Was it CSE that filed contempt or the CP?  CPs can--and certainly will--do whatever they want.

[oklahoma]

While in most situations the income of the new spouse cannot specifically be used in calculating CS, it can and probably will be taken into consideration.  It's just the human factor that is involved in the whole process.  Let me explain further with my own experiences....

About 3 years ago BM (CP) filed for CS modification.  In the hearing my husband explained that I was not working and we relied completely on his income, while BM and her husband both worked full-time.  The judge raised CS, but not as much as she could have, and our attorney felt it was because we had only one income to BMs two incomes.

Last year, we filed for a CS modification.  This time the judge asked my husband very specific questions about my income (at the time I was working full-time.)  The judge determined essentially that my husband could pay the previously ordered CS amount--which was more than his actual monthly income--and let me support our family. (Of course that is not what the order said, but that is what it amounts to.)  But, the judge would not allow my husband to ask BM anything about her husband's income.  Go figure!

[reflect]

I've been told that on your IRS forms, if you file, jointly, that if the CP files for modification, you can black out your spouse's income to avoid the courts from viewing this information. Can the same principal be applied if you were to go before a judge or are you required to give that information? It doesn't make sense that you cannot ask for the CP's husband's income if you have to disclose yours. But of course nothing really surprises me anymore with this system.

So reading everyone's information, it seems to me the best thing to do is to have separate bank accounts. Puchasing a house under my wife's name until support has ended might be my best defense as well.

[wendl]

I replied on the cs board.

I recently got married, at the time I had more assests than my husband, what we did was:

We have NO joint accts, should he for some reason get in cs arrears then they can put a lien on any accts that had his name on it, same with houses, cars etc.  

We file our taxes seperately, bm is entitled to copies of tax returns every two yrs and she doesnt need to know how much money I make.

Should the ncp become in arrears, they can put liens on ANY property that his/her name is on.

As for the home, what I tell my clients (I sell insurance) is list them on the policy as an additional interest.


Now let me tell you I am glad we have NO joint bank accounts, bms atty requested 5yrs of bank records, that would show how much money I put into the account and that personally is none of bms business.

This is just what dh and I decided to do.

:)

[wendl]

Leskash you are right about WA, they CAN put liens on any bank accounts and property cars, house etc that the ncps name is on.

What part of WA do you live in???

DH and I file our taxes seperately cuz bm gets copies every two years per court order and she doesnt need to know how much I make therfore dh and I file seperately.

[wendl]

well your cs should be the same amount every month, therefore I wouldn't wait for the bill, mail in the payment  and keep your cancelled checks, photos copy and old bill if need be and put the current month on it.

or you can request garnsihments from your paycheck where you wouldnt have to worry about it.

JMO

[leskash]

I live in Spokane.  I previously lived in Western WA but moved back to Spokane a year ago.

[leskash]

They cannot use your income in figuring the actual amount of support i.e. put it into the worksheets but they can use the spouse's or even live-in's income in determining how much the parent has to actually contribute to the household.  THis is why when DH files a financial declaration for CS, when it asks for spouse/live-in income, we put see financial declaration.  that way the judge can see that yes I have an income but that money is used up for me and my children.  In my opinion, this lets you paint a better picture.

[Neversaynever]

>
>Was it CSE that filed contempt or the CP?  CPs can--and
>certainly will--do whatever they want.
>
>
CP said it was CSE, CSE said it was CP.  CP works for CSE, so your guess is as good as ours.  

[IPutMyGirlsFirst]

Jeez marie!

DH and I have been doing things completely wrong! We'll be changing quite a few things in way we do our finances! :0\