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My husband has not worked since I started working. We have 2 kids, he has 3 kids with an ex. will i have 2 pay his child support

Asked over 2 years ago - Los Angeles, CA

I have been the one supporting the family since I get employed. My husband has not been able to find a job, although he can but he thinks $10 an hour is just a waste of time. He has been behind his child support payment for like 3 years. We have 2 kids together. I have been paying the rent, food, utilities etc. He takes care of them. His driving license has been cancelled by the state. I want to know if soon the state will come after my earnings because my husband has not been paying his child support. I dont earn much, just enough to support my own kids and our basic needs.

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Attorney answers (2)

Matthew Edward Williamson

Reputation Level 15

Answered over 2 years ago. Bankruptcy Attorney in Monterey, CA.

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They can't touch your earnings. Sounds like he wants you to pay for his other kids - great deal for him, doesn't have to work.

First, make sure the child support is the lowest it can be (pay an attorney to review the #'s).

Second, tell him to get a job, work out a deal to pay his child support, and get his license back. (even at 10/hour, thats 400/week or 1200 month additional income that I bet would be helpful). If he doesn't want to be an employee make him start a profitable at home business - maybe a child care or something similar since he likes taking care of the kids.

Third - if you don't want to do #1 and #2, then just get use to the hassle or accept the fact that you are going to be paying everything for a long time and teaching your kids that is okay.

Good luck with your situation.

Matthew Williamson

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Stephanie Farr White

Reputation Level 14

Answered over 2 years ago. Family Law Attorney in Simi Valley, CA.

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Although the state can consider your income (when added to his) to see what the household income is ... they cannot touch your income -- you are not a party. That doesn't necessarily mean that your husband will owe $0 because the court's can impute his income and say this is what he should make at a full-time, minimum wage job. They do that less often in this economy, but they can do that. Still, they cannot collect from your earnings, but it will accumulate in back-owed support which will have later financial and potentially legal consequences (if the ex-wife decides to file for contempt for example, or if DCSS is brought in as they will seek back-owed support).

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