My husband is on the verge of loosing his job. The only income coming into our house will be mine. Will I have to use my income to pay for his child support? Will the court take into account the money we have in our savings account…in other words…will we have to use our savings to pay child support? Should we put the bank account into my name and totally leave him off of it?
Your husband will need to file for modification of child support when and if he loses his job. Until a change is made, he is obligated to pay the child support ordered/agreed upon. The Court cannot use your income to calculate child support.
Child support is calculated based on each parent’s income, savings are not accounted for. Whether or not you will have to pay him child support will depend on the custodial schedule. You may want to take a look a the child support calculator on our website to determine what, if any obligation you will have to pay child support.
It sounds like you are the wife of the person paying child support (ie: kid’s stepmom).
If he loses his job and does not file for modification, he is legally bound to pay the ordered child support. The courts don’t care where the money comes from, whether it be from a savings account or a credit card. YOUR income and both of your savings amounts don’t work into the CALCULATION of child support, but he may have to use some of that money to pay what he is ordered to until he generates income of his own.
It sounds like you are the stepmom…and I am assuming you knew this man had kids when you married him. I really can’t believe you asked this question and would choose to be deceptive by changing your account to keep from providing for a child.
I went through this with my ex and his new wife…anywhere there is money there is a trail and any changes to an account can be found by that paper trail. If a judge sees that it will not look good for you or your husband.
Finally, children have to be provided for and I will quote what my judge told my ex and his wife when he tried this exact same thing. If there is money coming in to your household (whether it is from you or your new wife) you have an obligation to support your kids. That obligation does not go away just because you lost your job. These children have to eat and the husband was just as responsible for making the child as the mother and is just as responsible for paying for the child’s needs. A husband losing his job does not automatically make it the mother’s sole responsibility for the child…
A judge will tell you and your husband to pay for this child and any money coming in your household (whether its from you or your husband) should be going to pay to take care of this child first before anything else.
You know what just pay the child support…all this is not the child’s fault. Why would you make an innocent child suffer…