Child support after re-marrying?


#1

Dear ccraisons:

Greetings. First, she cannot get blood from a stone, so let her take him to court. The funds she receives are all that she will receive in court. The law on disability determines how much your partner receives and how much the children receive as support.

Child support is about giving the same standard of living to the children as their parents have. If he only gets $904 per month, that is a relatively low standard of living and reflects accurately what she gets for the children.

Now, let’s be clear, her new husband and father are not responsible for raising your partner’s children, he is. If he cannot pay for children, he may want to consider not having any more.

Finally, you should check with a Florida attorney, but in NC, she would not likely get more than she already receives from disability. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hello. I’m not sure if this is a question that should be asked here, but I’m just looking for some good advice on my current situation.

My partner and I have a son together, and are together, even though we no-longer live together. He has two children with his ex-wife. During their divorce, she claimed she did not want any child support. As of now, she recieves SSI on the two girls because my parnter is on SSI. We recently added my 2 month old son on his SSI, which made hers go down. She claims hers went down by half, and if he doesn’t give her $100 a month, she’ll take him to court.
To add more, she recently re-married a man who makes $500 a week, my partner only gets $904 a month from SSI. Also, they still live with her parents. Her father makes well over $4000 a month. They do not pay any rent or utilities. They do however own a decent sports car, and some unleveled property together, both of which are fully paid off. My partner has 4 more years to pay on his until it’s fully paid off.
My question is, can she do this? Can she take him to court now, after agreeing to just recieving SSI alone, even though her husband and father make as much as they do? If he gives her that money, it will take away from our son. And things are ruff enough now as they are. I’m not even sure if her SSI checks really got cut in half, or if this is something she pulled out of her sleave. My partner just does not want to end up in court with her. But I was told that the court would be in favor of him since she is completely finacially stable.
Are we stuck going without to pay her for the rest of our lives, or should we take her to court and settle things that way?
Also, we are not in NC, we are in FL. I found this forum through a search.

CCR