There are two answers to this, a legal one and a practical one.
Legal first: the court may not impose a duty on the new wife to support the child, any more than they could walk out of the courthouse, grab a random passerby, and order them to pay the child support.
However: In the absence of a prenuptial agreement to the contrary, money earned by either spouse is usually considered to be held in common. So while the court can't order her specifically to pay the child support, they very definitely can order him to pay it, or go to jail and have his assets seized.
That leads us to the practical answer that if he can't or won't get a job then it may just be easier all around for her to pay it. This obligation would, of course, cease when she comes to her senses and divorces the deadbeat herself.
This is dependent on the custody arrangments, but even sole custodial fathers are often ordered to pay. More of then pay than the total number of non-custodial mothers paying, with out without orders.
no, but when he does get a job they will take money out of his check for back child support which means he will have to pay for all the amount of time he was not paying.
Yes. Your earnings might change the amount of support you are ordered to pay.
Highly unlikely.
You can be ordered to get a full time job. see links
If he has custody or possession of the child in question. It's not likely to be awarded, and only 5% pf those ordered to do so pay anything. That works out to 1 out of 1000 custodial fathers get paid. They can also be ordered to pay even with sole custody.see link
If he is not paying court ordered child support, he is contempt of court. All you need to do is, go to the court which issued the order and address the issue.
If spouse is ordered to pay support by a court, until another court changes that, you cannot "protect" the spouse.
You need to request a child support order from the Family Court in order to get child support. If he is not paying the amount ordered by the court you must return to court and file a motion for contempt of a court order. Child support issues must be handled through the court.You need to request a child support order from the Family Court in order to get child support. If he is not paying the amount ordered by the court you must return to court and file a motion for contempt of a court order. Child support issues must be handled through the court.You need to request a child support order from the Family Court in order to get child support. If he is not paying the amount ordered by the court you must return to court and file a motion for contempt of a court order. Child support issues must be handled through the court.You need to request a child support order from the Family Court in order to get child support. If he is not paying the amount ordered by the court you must return to court and file a motion for contempt of a court order. Child support issues must be handled through the court.
yes you can
The only was to prove this is with a court-ordered paternity test.
As long as it is child support and not alimony (to the woman) then yes, you can stop paying. But, it is still your child. Think about that one before you go to sleep tonight. Phil