Thanks Bern, I thought that was the case.Any thing you owned before the marriage is yours, you don't have to split it. The law is designed so people don't marry to just take what you have and then divorce you a month later. Only profits gained while married are to be split. Like an IRA, any profits from the sell of a house, but only the profit gained while you were married. Inheritance does not have to be split. It is a gift from you deceased parents. I don't think he owned her the child support money because it was accrued before the marriage and it was not income for him, it was support for Haleigh. But IDK for sure.
I would have to check the laws, but CS payments aren't regarded in that way since the parent receiving the payment (no matter how big) doesn't have to declare that as income on their taxes. Misty has no rights to any child support money paid through the courts....now if that $12K had been a GIFT directly to him instead of to Crystal and getting her CS payments up to date hrough the courts, then Misty could have tried to claim part of it as income, but I'm not even sure there because they weren't married for that long.
Child support is not an "asset". That would be like me having a child from a prior marriage, then re-marrying and getting a divorce and the guy saying, hey, I want half of that child support you got while we were married. Not gonna happen, ever. CS is not subjected to personal asset laws w/i a marriage/divorce situation.[/B]
Thank you, I would love to hear what the law says in this matter.
Because Misty and Ronald were married, it seems to me Misty should be equally entitled to all monies generated during their marriage regardless of its source or who "owns" it. I think the money paid to Crystal was a gift from a generous donor and it doesn't seem right to me that Ron could withhold this money from Misty and have it to spend as he wishes. IMO the money would go towards covering his current responsibilities which include supporting a wife and his children.
Any thing you owned before the marriage is yours, you don't have to split it. The law is designed so people don't marry to just take what you have and then divorce you a month later. Only profits gained while married are to be split. Like an IRA, any profits from the sell of a house, but only the profit gained while you were married. Inheritance does not have to be split. It is a gift from you deceased parents. I don't think he owned her the child support money because it was accrued before the marriage and it was not income for him, it was support for Haleigh. But IDK for sure.
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Thank you, I would love to hear what the law says in this matter.
Because Misty and Ronald were married, it seems to me Misty should be equally entitled to all monies generated during their marriage regardless of its source or who "owns" it. I think the money paid to Crystal was a gift from a generous donor and it doesn't seem right to me that Ron could withhold this money from Misty and have it to spend as he wishes. IMO the money would go towards covering his current responsibilities which include supporting a wife and his children.
The way I see it is that this was a 7 month marriage that Misty brought no assests into. She should leave with the same thing she came into it with--nothing. She could not pay insurance on a car or the upkeep of maintaining it. Ron does not owe her a career or anything else. I imagine that in that town many of the males could be locked up for sex with a minor. Those girls with no job learned in a hurry how to get drugs.
Nope. Any child support money no matter how big the payment isn't listed as income. Misty has no legal right to any of the child support money.
Think about it this way. RC had custody of the children for years before he and MC got married. It doesn't matter to RC or MC where the $$ came from to get to CS, CS went to the court and paid her arrears. Basically paying him back for $$ he already spent on food/clothing/shelter/medication/toys, etc. and so on.
That money is RC's and RC's only. He doesn't have to show what he uses it for. He is perfectly within his rights to buy a new car, or even pay for lap dances if he chooses. It is his money. Not MC's.
Legally, child support money goes to the custodial parent to help them keep the child living in the manner they were occustomed to before the parents split. It is used to suppliment the custodial parent's income to benefit the children. Not the custodial parent's new spouse, or new children from another partner.
Yes I agree with you. If Ronald received $12,000 from an anonymous donor to pay CS child support arrears while married to Misty, I dont think Ron owns this money and it should be regarded as an 'asset' they both are entitled to by marriage. IMO Misty is entitled to ½ of this lump sum when Ronald asked for a divorce.
Interesting though...that should the non-custodial parent remarry and the income of the new spouse increase the household income...they can and will increase the child support payment for the children.
Isn't this why couples have a pre-nup agreement between them that is nonnegotiate? Think about it, if you were in a marriage and your husband received a generous inheritence, how would you feel if he had all the say in what he did with the money and he kept this money all to himself. This isn't likely or acceptable in a marriage IMO.
7 years before a Judge will even consider it. Doesn't mean he will. 10yrs is the usual starting mark....I doubt they were even married long enough for Misty to ask for alimony.
Misty is a young with no health issues that we know of no reason she cannot work. Many persons married over 15 years may not get alimony when it is requested, due to the fact that there is no reason they cannot work. She has chosen not to work and has used her body to get what she wants. By 17, 18 years old, I say stop blaming everyone for your sad life. There is always someone out there who had it worse than you, and survived and worked and sweated to change it. Some did it with no people supporting them, and no family at all.
Lets try and remember its the Misty thread if you respond!!!!
Misty is a young with no health issues that we know of no reason she cannot work. Many persons married over 15 years may not get alimony when it is requested, due to the fact that there is no reason they cannot work. She has chosen not to work and has used her body to get what she wants. By 17, 18 years old, I say stop blaming everyone for your sad life. There is always someone out there who had it worse than you, and survived and worked and sweated to change it. Some did it with no people supporting them, and no family at all.
Lets try and remember its the Misty thread if you respond!!!!