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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1482
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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If i have been married to a "man" since 2005 and suddenly I

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If i have been married to a "man" since 2005 and suddenly I discover that he has been cheating for three years maybe more and there was a child born to this woman out of wedlock, now the woman is suing him for child support and there might be a chance that she is still married to someone else.
1 what are my rights to protect my money and wages?
2 He has not held a job or contributed to my household since I have known him
3 we held a joint account so he could have gas money. He never contributed anything ever to this bank account.
4. botXXXXX XXXXXne he has never worked. proof is in the SS updates.
5 please guide me in the right direction as the law suit against him indicates they will take from my IRS for the last two years. no one deserves this money as I am the only one that has worked for it.
5. please don't tell me to get my answers from a private attorney if i am paying for your answer to help me.
thank you
So that I am sure the information is clear, you're saying that your husband is being sued for child support, and you would like information about whether your income may be used to calculate the support amount and whether assets acquired during your marriage may be used to pay it any arrears? Also, paternity has not been established, correct?
Customer: replied 4 years ago.

Also he is incarcerated as of April 2013.

And yes i would like to know if my past income and present income will be taken even if this man did not contribute to my house hold ever?

In Texas, child support is principally a percentage of the noncustodial parent's income, and that percentage is calculated using both parents income. Even if a parent is not working, the court may impute income to him (usually minimum wage) if he is physically capable of working and determined to be voluntarily unemployed. The resulting amount he would have to pay, or risk fines and jail.

Generally, though, the court will not look at his spouse's income. However, there are some exceptions. For example, the court may consider a spouse's income if one of the following occurs: (1) The parent paying the child support claims that he is unable to pay because of marital debts. (2) The unemployment is intentional arrangement by the spouses in order to avoid paying child support. (3) The parent paying child support is using the marital regime to hiding assets. (4) Or, the child is in dire need of support. Absent those circumstances, a spouse's income is not typically factored in.

Marital assets may be at risk of seizure to cover arrears, however based on the information provided there shouldn't be any arrears at this point.
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