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Second Weddings

Child Support Question for CA Brides

My FI ex is engaged and is waiting until we get married to have her wedding.  There has to be something with that.  She is a conniving type of person.  I make good money and am a widow receiving SS for my children.  My FI just began working after being unemployed for 1 1/2 years.  She has received Child Support through unemployment.  This weekend, one of his girls told me that her mommy was gonna take my money.  My fiance has a phone mediation appointment at the end of the month and has no idea what it is regarding.  I am trying to save money by not retaining an attorney.  Do any of you know if she can tap into my income and my kids Social Securtiy???? Please HELP!!!

Re: Child Support Question for CA Brides

  • nmauser82nmauser82 member
    10 Comments
    edited December 2011
    call the social security office. I'm sure they see this stuff all of the time and can fill you in what you need to do (if anything) to protect yourself.
  • melissamc2melissamc2 member
    1000 Comments
    edited December 2011
    No, she cannot take "your" money.  His child support payments will be based on HIS pay, and of course SS going to your children from a previous relationship cannot be touched by his ex.  Unless there is much more to this story than we're hearing, you needn't worry.  Just expect to lose part of his income for quite a while.  I can't especially blame her for not being thrilled about not getting child support in that long. 

    Also, just to play Devil's advocate here - keep in mind that sometimes what a child relays and what was actually said can be night and day.  It may have been something along the lines of "I see he's finally got a job now that he's will so and so.  Now I can finally see a bit of money since she's in the picture."

    While not a child appropriate conversation at all, it's not quite the same thing.

    I guess I'm always going to be the one reminding everyone that there are two sides to an "ex" story and unless you were around, and friends with, both parties during their relationship...the real story lies somewhere in a distant third place of the two stories you'll hear the most often.  We're ALL someone's ex and at some point we're all being talked about.  Doesn't make it true.

    Good luck!
    10-10-10
  • edited December 2011
    Good advice Melissa. Just to clarify: I know how information can be misinterpreted by a child. And, she has been receiving child support from his unemployment checks.  She has not missed a payment.  This new FI of her's will be her 4th marriage.  Also, My FI was not unemployed because he wanted to be.  Since living in my home town, he has applied for over 800 jobs.  Finally receiving a job a month ago.  Thank Goodness!!!
  • MikesAngieMikesAngie member
    1000 Comments Third Anniversary Name Dropper 5 Love Its
    edited December 2011
    Just to be clear most states including CA do take into account all the adults wages, not other support being received for your children (SS) but all the adult wages do play a part in how child support is calculated.  That being said it doesn't matter when she and her FI get married his wages will count just as yours will when it comes to calculating the child support of your FI's children. Of course the court takes into consideration your children, and that you are their sole support so the impact that your wages will have could be minimal.

    It sounds like the Fi xW is a real peach - not fun I know.
  • edited December 2011
    Thank you MikesAngie.  That is what I thought.  I don't want to sound like I don't want to take care of his girls financially.  INFACT...the only new clothes that they get are what I provide for them.  The EX always seems to have new sunglasses, new outfits, new rims on her car and the girls wear clothes that the EX's mom finds in the lost and found at the local  School (where she is a janitor).  I love the girls dearly and want to provide for them and make them feel special and pretty. :0)
  • edited December 2011
    I live in CO but there has never been a time when a spouse's income is included in the income to calculate child support in a previous relationship.  Perhaps where that income plays a part is in their living expenses.  Here at least it's based on what the parent earns and no one else.  Each state should have information on their judicial websites as well as having a worksheet to calculate support.  Look there for CA and see what you can find.  My FI ex has tried to get more money because he has two incomes according to her.  She thought mine should be included.  She can be very annoying because I deal with my ex not paying on a regular basis and she always get's hers PLUS more. 

    Looks like there was a lot of good advice for you and sounds like the girls have a great step mother.  Good luck and just try to be informed which should help in not stressing over what can and can't be done.  Good luck.
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