Is A Spouse Responsible For Child Support Of Her Owing Spouse?

13 Answers

Neha Agrawal Profile
Neha Agrawal answered
No, the spouse of a non-custodial parent cannot be held legally responsible for child support payments. It is the non-custodial parent in question that needs to take on sole responsibility for keeping up with the required payments. In addition, they are not legally permitted to enlist any financial help from their new spouse with regards to payments. In other words, if the non-custodial parent starts a new marriage with someone else and they both have an agreement to help pay child support, the non-custodial parent will be the only person liable if a payment is not met. The non-custodial parent may be arrested in some cases; however their spouse will not have any legal obligations.

According to the law, you have no obligations to help your other half pay child support and if you decide between the two of you that you would like to contribute to the payments then you will not be accountable for anything that goes wrong. So, legally there are no responsibilities on your part but it is an issue that you may want to discuss with your other half before getting into a marriage.

The problem that a lot of couples face is the fact that sometimes the non-custodial parent is unemployed and cannot pay for child support. If you are working and your other half isn't then they may want you to help pay child support while they are unemployed. This is of course up for you both to decide, however it is based on a moral decision more than anything else, as well as considering if you can afford it yourself. You may feel guilty if you can't afford it yourself but you need to understand that it is not your responsibility to cover your other half's obligations.
Anonymous Profile
Anonymous answered
You can fight this. Legally you are not bound to the child your spouse had before you. You can go to the attorney general and put in an injured spouse application and receive your income tax money. As far as your credit score you need to fight it because you are not legally responsible for the child support. And no the spouse walking into the marriage knowing there is a child and child support issue should not now or ever be responsible for paying the debt!! For you who say it should change must be a greedy ex. How dare you say someone else should be responsible for your child besides you and the child's father! Granted you being the new spouse should feel compelled to be responsible by loving and caring for the child, not making child support payments or paying a debt that you didn't even bore! Fight it because you can.
Anonymous Profile
Anonymous answered
No one can criticize unless you have been in there shoes. There are some money hungry women who have children or a child to get money. Meanwhile someone else is taking care of there child while the "so called mother" goes on trips and shopping sprees. Parents should come to a fair agreement when it comes to support and just because he has a better job then you why should you benefit. If you don't like it then change your job and get a career. Some women take advantage of the situation and it's sad. Poor me poor me .. Grow up! You know the father has to live just like you and if you mothers had to pay what these fathers are ordered to pay you would probably have the same attitude as them.
Anonymous Profile
Anonymous answered
I believe it's is about the child.  An owing parent should pay his debt.  As for the spouse he or she should not have to be responsible for a child that is not there own.  It's vindictive and evil of the custodial parent.  Most times it's that parent mad about the other moving on.  No thought of this while he was single but now that he is married it is on.
Anonymous Profile
Anonymous answered
I don't feel that a new spouse should gain the responsibility of payment for a debt of child support or any past debts for that party.  If that party was married before and has outstanding child support, especially if the new spouse had no knowledge of the debt, it is not fair to ask them to pay the amount.  If there as no infidelity on the part of the new spouse and they become married to someone completely free in divorce, it is GREED or REVENGE that would drive someone to want the new spouse to pay for a child they made with your former spouse.  Why blame the new party?  It's not their child and it's not their responsibility.  Encouraging the spouse with the debt to meet their obligation is a consideration, but to just start taking the money from the new spouse is not just.   Would you want it done to you?  No, you wouldn't.
Anonymous Profile
Anonymous answered
Well being in a similar situation I can understand both sides. I never asked for anything more that what is owed to me, still I got NOTHING from my husband. Then he met some one and they now have two kids and a huge house and even a printing business. They live wonderfully comfortable while I have suffered and still is just trying to survive and keep things decent for our kids. I have been trying to get what he owes me for 9 years ( being married for 16 years altogether). I have four kids and he gives me nothing (including a divorce, he has always refused) She is with him knowing that he was and is not paying me for anything. Instead she took advantage of the situation and benefited from his fiances. Of coarse they filed taxes and claimed my kids too so I never got anything from my taxes either. YES, I have tried to fight this and I just can't afford to keep it up financially. Everything cost so much money and I have few choices ..pay my bills or hire an attorney. My kids and I need to live so I pay my bills. He know this and so does she,  that's why they keep doing it. We are still legally married and I should have something to show from it but I don't. He married me, not her, he was suppose to help me and not throw me to the curb. The emotional side of it is has been very difficult. I just found out that I have to go back for more meds due the cancer (9 year struggle) How can I get through this , what about my kids ?? I shouldn't be like this (so broke, state insurance) but I am.  I put everything on hold for him, like a good wife. Now I feel so used up. Then I see her all dressed up in a beautiful house and new cars .. It hurts. She should be ashamed but she isn't. I can't believe she would even be with a man who does this. I feel she should be held accountable for something. As a human being its not right to be with a married man and have children with him while he doesn't even do right by his first family that he is still legally binded to. I hate when people say its not their (the other spouse's) responsibility. Of coarse they can say that because they don't know what it is like to be alone and suffer financially as much as I have (court cost, lawyers, everything) I spent what I could just to get him in court but he has always hidden himself. Now all of a sudden he pops up. He tells me they are buying a new house and she wants him to divorce me now. She said that the business doesn't belong to me but to them. She is concerned about the spouse's rights NOW (funny). What about all the years I spent being his wife, willing and unwillingly. How can we say the other spouses shouldn't be held accountable for the pain they caused when they helped shove the knife in deeper. If you saw someone killing or hurting another person and you did nothing you could be held accountable for some of the crime, this really is no different when come to being a respectable, honorable,  person (WHO DOES THE RIGHT THING). Its so easy to say its all about the money to the ones that want it. What about that, if its the truth then why even have these issues to begin with, just pay your support.   And like one said before if the man is married you really should stay away. You know what your getting into and there should be a price to pay for that. I have recently gotten into a relationship with a man Named Wit. He has two kids from his previous marriage. I budget them in to our finances, yes I take it on as my responsibility. We live together and share our monies. So of coarse we pay. So I do see how it works for both sides but I don't bitch about his support to his previous family. I love him and with that I chose to be with him, I take the good with the bad, not just the good. Sure it sucks at times cause we live tight but knowing what I have been through I would never be with a person who doesn't take care of his own family. I am a good person and learn from my experiences and I have most defiantly learned from this one. ~ DO ON TO OTHERS AS YOU WOULD HAVE THEM DO ONTO YOU
thanked the writer.
Anonymous
Anonymous commented
I too, am on both ends of the stick. I have two children by a deadbeat dad. But am also trying to marry a man who is being held accountable for two chldren of his own. Ive watched him take care of his children as best he could. And like a lot of women she claims the child support suit is not her own. She refuses to get a job and remain on public assistance. Meanwhile anytime the children need money they come to him. Idont want to be responsible for someone elses kids whos not responsible themsel
Anonymous
Anonymous commented
@Goldyn1der: How old are the kids? Why do you feel your responsible 4 paying the father's debt? Is he not paying & having you do it? I don't understand. If he is paying his support & whatever else he needs to pay 4 his kids,then its not your business. We all know that the economy changes & cost go up. This is why its best 2 stay out of it all, let him be a father but keep YOUR monies & credit safe. If her intentions are wicked, then let her karma deal w/ her. It does come back around, u know.
Steven Vakula Profile
Steven Vakula answered
When you get married you inherit the problems that lay unresolved from prior periods of your spouse. If you have an individual credit record you could request that this not be listed but I am guessing it would be tough since you are married. The debt become yours and the non-payment history is a gift to remind you of the wonderful union you now enjoy with your husband. People really need to investigate the past of someone they are going to marry. It sounds harsh but it will tell you a lot about a person and how they live. This is why your credit history is so important to maintain and you should be so careful on who it is shared with because credit history last a long time past your memories.
carlene daniel Profile
carlene daniel answered
Oh my god there are truly some dumb women out here! Don't blame the next woman. Your HUSBAND broke up your "happy" home not the other woman! You are bitter! And riddle me this, you claim to help support your new mans kids but cry about being broke and on medicaid for your kids? Look your husband left to be with a strong woman. I'm sorry but you're weak and he knew it! He was turned off by that! You can't expect her to care they see you helping pay child support for your man why would they help you?
Anonymous Profile
Anonymous answered
Well, I appreciate all of the prospectives presented here. I have recently experienced similar circumstances. I was married to a "deadbeat" who I told was going to be responsible for his children (not just financial) and made sure that he paid and didn't grumble about it. We recently divorced, and I am not bitter but truely blessed. He is now being supported by a new wife that is allowing him to 1) be a deadbeat and 2) provide no support to his child. If you marry someone it is your responsibility to care for or attend to his children. If they are starving will you just not care? If you don't, YOU have a problem. Marrying a person who has a child should be something you consider BEFORE you marry them. Now this person is taking care of him, allowing him to be unemployed, and again a deadbeat! She should be responsible and her income considered.
Anonymous Profile
Anonymous answered
In most cases where support is owed the future wife helps her husband by only opening bank accounts in her name and going above and beyond to make sure all their money is for the new family and not his child from a previous relationship. If the new spouse does this I feel your income should be considered. All the women want is what's owed to their child. You should have thought about this before you married a dead beat dad. Would you want your child treated that way?!? Think about it. It's about the child not you
Anonymous Profile
Anonymous answered
If you'll take on his nice sports car and his labrador and his vacation house in Miami, yeah, you take on the bad too. You made a choice as an " intelligent" women to marry a guy who CLEARLY does not take care of his child so YES, YOU are now responsible. This is the law, if you didn't like it you should have remained dating. Just so you know, your income also counts know so she could modify the support order and take more
Anonymous Profile
Anonymous answered
I think they are if they broke up a family, she knew that he had a son and decided to have her own with him, well he just doesnt stop supporting his child, even though he is  a dead beat dad that has not payed child support in 2years. And doesnt not want to work. So  the good book says that the man that does not provide for his own is nothing better than an non believer.
And also what you sow is what you reap. She knew we were married and decided that she should break up a family well honey know you too have to pay for your choice.
Deborah Bollinger Profile
You are so right. I feel the tax laws on injured or innocent spouse is something that should be looked into to . When one leaves the other with a affair and both walk into a new marriage knowing there is small children . There should not be a innocent spouse.
thanked the writer.
Anonymous
Anonymous commented
You are completely wrong! How dare you say someone else that didn't have your child should pay childsupport or should have their money taken away as well. You must be one greedy person. That new spouse that walked in has no obligation to your child except to care and love the child! Only money hungry women would make a comment like yours!

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