If she is "unemployable", she could go back to court and modify an order of support, which she would more than likely be set at paying $25.00 per month for child support (that is the lowest amount, the courts will allow, this is what people that do not have a job, of disable people will pay). You would have to check with your local state laws about the spouses income, I know that NY state does not use the other spouses income, but that's not to say some states may allow that. As far as pick up for the visitation, step-dad could pick them up,if it was up to her to do the pick ups, she would have to arrange other ways. Does she have Doctor's papers stating that she is "unemployable"? She will have to show them in court. Does she owe you back child support? If so and she is collecting Disability checks, you can have them garnished for back payments. Talk to your local family court and find out about this info.. Good luck to you!
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Submitted 249 days ago...
Does a mother's new husband have any obligation to pay child support to the custodial father
Mother who was court ordered to pay $150/month child support to father who has primary residency of child has been diagnosed with MS and is claiming "unemployable". Does her "family income" come into play? Does her new husband's income be taken into consideration (they recently married after a 9 year commonlaw relationship)....I mean, if she had the child she'd have to pay to take care of her....so how would they do that? Also for mother's visitation schedule, since mother doesn't drive.....would the biological father have obligation to bring child for visits? or would the mother have to make transportation arrangements....i.e. the step-dad drive to pick up the child for visitation weekends. Unfortunately, this "illness" is just one more thing on top of years of "deadbeat mom" issues!
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