Child Support Obligations of New Spouse

by Judith from Tampa, Florida, Hillsborough County

When does the spouse of a non-custodial parent become obligated for the husband's child support? My son and his first wife divorced and they had a child. Approximately 7 years later he remarried and they had a son.

He still owes approx 6,000 in arrears since the first child now is 19 yrs old, and married with a child. He is currently incarcerated.

The current wife does not have a job and receives aid. How can she be obligated or have a lien put against her. Thank you.

Answer to Florida Child Support Question

Dear Judith,

The current wife does not owe child support.

The child support is the responsibility of the non-custodial parent, not his wife.

There is nothing that you can do until and unless he has an income or property to attach.

He will owe the $6,000. until it is paid; Florida has no statute of limitations on child support debt.

When he is released from prison he will have to resume payments.

You don't say how long his sentence is, but providing it isn't a life sentence you may be able to collect eventually. Once he is released, if he is on parole, or on some type of supervision, the last thing that he will likely want is to go back.

He can go back to jail for failure to pay court ordered child support; since that is considered contempt of court. For now, there is no way for you to collect.

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Comments for Child Support Obligations of New Spouse

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by: Anonymous

Hi, my husband is behind many thousands of dollars in child support. There is a possibility that I might come into some money from my parent passing. Can the state take the money that I get from my parent passing to go towards his arrears? If so, what can I do to not let this happen, i.e., different bank accounts,etc.

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