Child Support to unwed mother


#1

Dear a213533:

Greetings. No, his new wife’s income will not be counted as income in the child support case. Yes, the income from property, savings, etc. (but not 401(k) unless in pay status) will all be included in income. If the accounts are in new wife’s name, they should be safe.

I will say here that if you earn more than your new wife, and all accounts are in her name, I think that a motion requesting the court to determine that half of those accounts are yours for income purposes would be granted. 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

Scenario:
Couple never married, have 1 child, mother (ex) has child.
If man marries and later the child support case has to be modified, will his wife’s income be counted as income in the child support case? What about income from property, 401k, savings (all of this is in his spouses name ONLY? Do child support cases only look at what is in the fathers name only??? and not his wife’s?