Vacation Pay & Family Support?

Question

Ok, I would appreciate it if someone has had the same experience as here.
My husband has been paying support to his ex and son. Due to that, after all the deduction from work, he only brings back half of what he made. I am 30 weeks pregnant, and not working. Currently, we have lots of credit card debt to pay off. What my hubby planned to do is to take his vacation money and pay it off. The thing is, if he does that, is his ex going to get some of the money too?
Other than that, he has signed on a website, as a part time tutor, since he is trying to pay off his debt. As far as I know, if he does make money from it, his ex will get some too.
From what I have read, if my husband continues paying the support amount he is paying, and if our general lifestyle goes downsize, we can apply to the court to have the amount reduced (heck, we could barely afford groceries, and we have totally stopped eating out).
Also, his ex refused to work, how long must he pay support to her?

Answer 1

His rules for child support should all be laid out in his divorce seperation agreement. It will tell you how long and how much he'll pay (he should already know this).

Answer 2

First if he is current on support and doesn't owe any back support then the only thing he has to pay is what is ordered per month. It doesn't matter how much more he makes she can only get what the monthly payment is. Many men take on a second job to make ends meet and the only way she can get any of it is to take him back to court to increase the monthly support amount and chances are since he is remarried and expecting another child that wont happen. The only way she can get any of his vacation pay or other income is if he is behind and then with a court ordered garnishment. Second.........if his finacial situation has changed he can petition the court to lower support however if she has no income and her situation hasn't changed again this is hard to get done. Sorry but he will pay support as long as his son is in school, even college, however if he is paying allimony that useually ends after 12-24 months.

Answer 3

depending on the state - he pays child support until the child is 18 or 21...no exceptions.



Your husband is court ordered a specific amount each month to pay, it doesn't fluctuate based on vacation pay or a part time job unless his ex takes him to court for a review/modification of child support if she suspects he is making more than he was when it was first ordered.



She also, actually, has a right by law to have the child support order reviewed every two years.



Her choice to work or not to work is not your business nor can you force it. You aren't working right now, and may choose not to go back to work so you can care for your child too...don't judge his ex for being a full time parent.



The fact you are having a child, will not affect his child support payments - you wil not be able to file for a modification to lower the amount based on having to pay for another child. You can only do that if he loses his job, and gets a new one at a lower salary.

Answer 4

Sorry, but he will have to continue to pay whatever percentage he has to pay no matter what your situation is in your household. Why aren't you employed yourself? Women can work while they're pregnant---I worked up until my 38th week with each of my pregnancies.



As far as your hubby's second job as a tutor is concerned, if the ex doesn't find out about it, it won't automatically be sucked out of his hands. Whatever was included as income in the original support order is what is used to determine support. Unless she decides to revisit this through the court, you shouldn't have to worry about his vacation money or anything else. I would worry about you, your financial mess, and the added stress that is going to be on you once this baby comes. You think you can barely afford groceries now? HA! Wait until you have another mouth to feed. Wise up!

Answer 5

hmm....unless his child support payments are on some sliding scale, he should be only paying a certain set amount each month. therefore taking on another job or whatever shouldn't make him liable to pay more child support.



i'd go talk to a lawyer. if there is no reason as to why the ex isn't working, besides just not wanting to, then it is possible to get it mandated that she finds work. otherwise, child support will continue being paid until the child is 18.

Answer 6

Your support should be a set amount and will not change unless there is a change in circumstances. Him working on the side to pay off bills will not affect his support order regardless of whether his ex finds out.

Answer 7

He will have to support until the kid is 18, most likely.

The amount should be a set amount such that if his income goes up the support payment should not, unless he is not paying the court ordered amount now.

Answer 8

as far as I know, they do have to lower support if he has a child with you... as far as alimony, I have no idea about that, but, I know they can't raise support if he has a child with you, and he can request a modification to support once the child is born... good luck!