Question by Tayls: Father remarried, quit job and won’t pay child support?
He married a woman and is unemployed, but she is employed so she supports them financially. She just gave up custody of her own children so the two of them have been taking out-of-state leisure trips nearly every weekend and he refuses to pay child support claiming “I’ll pay you when the world pays me.” I know the issue, if left unresolved will have to be taken to court, but what will they do? Does the phrase “when you marry someone, you marry their debt” apply here? Can his wife’s income be forcibly taken for his child support? We live in VA. Thanks.
Best answer:
Answer by Blueberrygal
In Calif-the wife’s money can’t be taken for new husband’s child support. She is protected. He’s a jerk and his kids will grow up and never want to see him or have anything to do with him. I am sorry for you and your children. My ex did the same thing-many moons ago. now his kids know he’s a nut-I didn’t say a bad thing about him, at all. I didn’t have to-they found out about him when they grew up-he never changed.
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You will only get moral affirmations here. You will have to break down and call the lawyer that handled the divorce or at least the child support enforcement agency. May not work, but at least you tried. When the world does pay him, he will find it terribly unfair and unmerciful, just like the measure he used with others.
no, you don’t get his new wife’s money. can’t you support the child yourself?
No, her income cannot be forcibly taken for child support. It is not her obligation to support his children. The court may order him to get a job and pay child support, but if he doesn’t do it the only thing the court could do is put him in jail for a little while. Obviously, he is a low-life so he doesn’t care.
He has to pay child support whether he works or not take him to court the court will make him pay you child support his wife’s income cant be taken but he has go come up with the money to pay you some how….if he cant pay you he will be put in jail for a while till he decides otherwise
No, the wife’s income can’t be taken to support your child. But that doesn’t mean that the child’s father is off the hook. You need to get a lawyer and go back to court. If you haven’t already arranged for court-ordered child support, you need to set it up now. If you already have done that, then your lawyer needs to let the judge know that the child’s father quit his job, refuses to work and pay the child support. Your lawyer should ask that the child’s father be held in contempt-of-court, ordered to pay the support, and sanctioned!
The judge will order him to get a job (when he has a child, he has no right to refuse to work to support that child), and if your ex becomes deliberately underemployed, the judge can assess child support based on the wages HE feels your ex should be earning. Also, the judge can seize any assets held in his name or jointly held by that couple (including bank accounts AND tax returns), he could have his driver’s license, passport, and professional licenses canceled, and he could be put in jail. If he already has a court order to pay child support, ask that interest be assessed on the arrears.
One last thing, ordinarily marital debt becomes joint debt but not with child support for a child outside of the marriage. His wife has no rights over your child and that means that she has no financial obligations either. Your ex is on the hook to support the child, no one else (other than yourself). So go get that lawyer now. Good luck!
I had to get support from my ex, and this is what I’ve learned.
First, the system is no longer just state to state. The government has a computer that links all states to find these guys and enforce support. Your children deserve it. It has nothing to do with his willingness to do what is right.
Go to social services and get their help. They will file in court, they will help you get a judgment for support. It doesn’t matter if he’s unemployed or not. They will tell him he needs to work and support his children or he can sit in jail. Dead beat parents need to understand that your children are not payroll deductions to avoid. They are human beings that they brought into the world. They need food, shelter and clothing. What they pay in support is nothing compared to what the custodial parent pays in expenses.
My ex had a problem in thinking he didn’t want to pay ME. He always declared that I shouldn’t be able to use the money as I chose. But, what he didn’t understand is that the rent, grocery bills, school expenses, etc., come whether he pays or not… and they don’t follow HIS schedule. So I’m paying all this for the kids. Covering his part and mine. When the support comes in, it’s reimbursement to me for his part that I covered.
Your ex will have to pay no matter what his situation is. If his new wife doesn’t want to see him in jail, I guess she’ll have to help. I don’t see her putting up with that for long. What is she thinking marrying a guy with that attitude? Must have low self esteem. I would never support a guy and sit back while he abandoned his kids. Geez!
They can take any income that he benefits from. Tax returns, whatever. He’ll have to explain how he’s surviving. The government won’t just say, “oh, okay.”
I got my judgment, but the ex disappeared and Social Services couldn’t keep up with him. So, I went online to the Department of Justice (if was a link when I was searching for child support enforcement assistance). I reported him for failure to pay and gave them his SS#. They found him right away. He was told he must pay or go to jail. I started receiving a check every month since.
Keep pushing the matter and don’t give up. The laws have changed and deadbeat mothers and fathers can’t hide anymore. When your ex doesn’t pay, they start adding arrears to his amount owed. That means what he’s behind in, plus penalties. Judges just don’t put up with it anymore. Looks like vacation is over! In many cases, the law can keep deadbeats from obtaining professional licensing, etc. as well.
God bless!