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#11
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Can a remarrying mother claim child support from divorced husband
DB wrote:
Considering that the spirit of CS law is to ensure a child has the basics, does this not end when daddy#2 makes those sacred vows to the mother? (And do you take this woman and her CS income to be your lawfully wedded wife?) The "spirit of CS law" is not to ensure that a child has the basics. Most states' family law codes contain language concerning the obligations of parents--obligations that exist irrespective of custody, marriage, remarriage, etc. CS legislation reflects this. For example, Maryland's family law code w/r/t children contains this language (sec. 5-203b): (b) Powers and duties of parents.- The parents of a minor child, as defined in Article 1, § 24 of the Code: (1) are jointly and severally responsible for the child's support, care, nurture, welfare, and education. It does not say "jointly and severally responsible until one parent remarries, at which point the stepparent in residence becomes responsible." |
#12
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Can a remarrying mother claim child support from divorced husband
"Gini" wrote in Ah yes, I forgot the constitution guarantees some of us a good standard of living in accordance with a spouce's income. == Which is only for children of divorce/separation. Children in intact families have no such guarantee. Blatent violation of equal protection but what the hey, the gov gets a cut and as long as it can effectively demonize NCPs, it'll work. Yes, the state government gets a cut from the federal government which is your tax dollars, but the National debt can't go unpaid forever and military expenses are only going to escalate, how much longer can the federal government afford to support this whole mess? |
#13
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Can a remarrying mother claim child support from divorced husband
"DrLith" wrote in message ... DB wrote: Considering that the spirit of CS law is to ensure a child has the basics, does this not end when daddy#2 makes those sacred vows to the mother? (And do you take this woman and her CS income to be your lawfully wedded wife?) The "spirit of CS law" is not to ensure that a child has the basics. Most states' family law codes contain language concerning the obligations of parents--obligations that exist irrespective of custody, marriage, remarriage, etc. CS legislation reflects this. For example, Maryland's family law code w/r/t children contains this language (sec. 5-203b): (b) Powers and duties of parents.- The parents of a minor child, as defined in Article 1, § 24 of the Code: (1) are jointly and severally responsible for the child's support, care, nurture, welfare, and education. It does not say "jointly and severally responsible until one parent remarries, at which point the stepparent in residence becomes responsible." I think he is referring to the fact that there is now 3 incomes going into the combined household is the woman and her husband is working. While the divorced man is living alone his standard of living has gone down while helping the ex-wife and the new husband gain higher ground. Sure there is obligation for the parents, but why does one need to help their ex and new spouse get better off financially? |
#14
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Can a remarrying mother claim child support from divorced husband
"Trent" wrote .................................. I think he is referring to the fact that there is now 3 incomes going into the combined household is the woman and her husband is working. While the divorced man is living alone his standard of living has gone down while helping the ex-wife and the new husband gain higher ground. Sure there is obligation for the parents, but why does one need to help their ex and new spouse get better off financially? == According to the letter of the law, they aren't. The child support is for the support of the child, not the family. |
#15
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Can a remarrying mother claim child support from divorced husband
"DrLith" wrote in (b) Powers and duties of parents.- The parents of a minor child, as defined in Article 1, § 24 of the Code: (1) are jointly and severally responsible for the child's support, care, nurture, welfare, and education. It does not say "jointly and severally responsible until one parent remarries, at which point the stepparent in residence becomes responsible." Notice it doesn't define what a parent is, could be step parent, grand parent, Foster parent or anyone in the child's care. |
#16
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Can a remarrying mother claim child support from divorced husband
DB wrote: "DK" wrote in If the new husband wants to adopt the child and the father agrees, then the child support will stop. If the new Husband was willing to marry the mother, does that mean for better or worse? Considering that the spirit of CS law is to ensure a child has the basics, does this not end when daddy#2 makes those sacred vows to the mother? No Fathers seldom get custody, but if there is some way to show the mother is unfit, then there is a chance. Who is to say he challenged for custody when they separated, he can file for custody any time. Especially now that another man he does not know anything about will be around his child! Who are the next frequent abusers in line after the mother? I would apply. |
#17
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Can a remarrying mother claim child support from divorced husband
Gini wrote: Which is only for children of divorce/separation. Children in intact families have no such guarantee. Not sure about other States, but in Illinois, they are also gauranteed their parent have a hefty life insurance policy, medical insurance and post secondary education..nice for the State to ensure kids of divorced parents get that but the ones who's families are intact do not... |
#18
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Can a remarrying mother claim child support from divorced husband
"Gini" wrote in message news:0YAhh.3609$uq5.452@trndny04... "Trent" wrote ................................. I think he is referring to the fact that there is now 3 incomes going into the combined household is the woman and her husband is working. While the divorced man is living alone his standard of living has gone down while helping the ex-wife and the new husband gain higher ground. Sure there is obligation for the parents, but why does one need to help their ex and new spouse get better off financially? == According to the letter of the law, they aren't. The child support is for the support of the child, not the family. And who is auditing where the money goes? |
#19
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Can a remarrying mother claim child support from divorced husband
Gini wrote: According to the letter of the law, they aren't. The child support is for the support of the child, not the family. In a perfect world. However, in the real world, that simply does not happen. Again, I only use Illinois as an example. I have been paying an incredile sum for 16 years now ($4,500 a month). When we first divorced, she kept the house (ALL OF IT), the car, all the furniture, the assets, 1/2 my 401K, and received $2000 a month in spousal support for 4 years to "pay for her rehabilitive education" because she had not worked during our marriage. I was the sole income earner. 3 months after I was out, her boyfriend moved in, didn't have a job (till this day, still does not). They married the same month alimony ended. I also pay for braces for my kids, all educational expenses, medical, life insurance. Neither adult has ever worked. They both drive new cars, like in a huge house, etc. My kids dress like crap and I buy them clothes. Courts wouldn't do a thing. It's been 11 years now. |
#20
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Can a remarrying mother claim child support from divorced husband
Relayer wrote: Gini wrote: According to the letter of the law, they aren't. The child support is for the support of the child, not the family. In a perfect world. However, in the real world, that simply does not happen. Again, I only use Illinois as an example. I have been paying an incredile sum for 16 years now ($4,500 a month). When we first divorced, she kept the house (ALL OF IT), the car, all the furniture, the assets, 1/2 my 401K, and received $2000 a month in spousal support for 4 years to "pay for her rehabilitive education" because she had not worked during our marriage. I was the sole income earner. 3 months after I was out, her boyfriend moved in, didn't have a job (till this day, still does not). They married the same month alimony ended. I also pay for braces for my kids, all educational expenses, medical, life insurance. Neither adult has ever worked. They both drive new cars, like in a huge house, etc. My kids dress like crap and I buy them clothes. Courts wouldn't do a thing. It's been 11 years now. Oopps..I meant 11 years, noot 16..also, she never DID go to school with the money I gave her..bought the guy a "Monster Truck" instead. |
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