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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12699
Experience:  Licensed experienced Attorney
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My husband and I has been separated, but we are still in touch

Customer Question

My husband and I has been separated, but we are still in touch anyway, trying to see if our marriage can be repaired. He is in a child support proceeding now. Can the mother of his child claim to get his payments based on my income ( my husband lost his job in april and could not continue paying the child support), can he get into more trouble since he is late on his payments??
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. Esq. replied 2 years ago.
Hello. My name is XXXXX XXXXX X will be happy to answer your question.

Generally if your husband was ordered to pay child support, it would be based on his income alone and his wife's income (yours) would not be be imputed, as you don't have any legal obligation to pay or to help your husband pay his child support.

If he is late on his court ordered payments due to reduction or lose of income, he would have to file a Petition to Modify Child Support and ask the court to adjust his child support payment according to his current situation.

If you husband simply faile to make ordered child support payments without asking the court for modification, he can get in a lot of trouble, including loss of passport/drivers license, garnishments and even can be jailed by the court.

I would suggest for your husband to consult with a local attorney who specializes in family law/child support to help him resolve this matter.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
Customer: replied 2 years ago.
He already placed the modification of the order based on the fact he lost his employment. He still has not gotten a new job. My concerns are related to the mother of his child, can she claim to get his payments or damage him in some way based on the fact that i made a trip with him and i paid the expenses but obviously he did not pay the child support??. As you said the order of child support is based on his income, not mine.
Expert:  Alex J. Esq. replied 2 years ago.
It doesn't matter how you choose to spend your money. If the money are clearly yours you can spend it on yourself or on travel/vacation with your husband, you do not have an obligation to pay for his child support payments.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
Customer: replied 2 years ago.
I got that, thanks, XXXXX XXXXX she do something to harm my husband since he has not paid her due to his lack of employment?? i mean in court??
Expert:  Alex J. Esq. replied 2 years ago.
Generally the court will require for your husband to actively search for a job and submit weekly reports to the court as on his efforts.

Lack of employement cannot be voluntary and has to be due to circumstances beyond your husband's control.

It would be up to the judge to determine whether to modify child support payment and your husband will have legal obligation to comply with the court orders or to face sanctions for contempt of court and/or failure to pay court ordered child support.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated!
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 12699
Experience: Licensed experienced Attorney
Alex J. Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
thanks for your help, i do appreciate your time and answers.
Expert:  Alex J. Esq. replied 2 years ago.
Thank you and I wish you best of luck!

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