can current wife be responsible if husband doesn't pay child suport?

[fanaerosmith]

My jurisdiction is: NH

I have heard many different things about this. So, I was wondering if anyone knows the child support laws in NH? I have a court-ordered child support claim against the father of my daughter. He pays very erratically, but always seems to have plenty of money for his children with his current wife. I was wondering if it would be possible to file a claim against the wife and make her pay child support when he doesn't. I might be way off here. But, I thought I heard in some states it is legal to go after the wife. I do enjoy getting a big lump sum though, when they put a lien on his taxes. I can picture him squirming in his seat and the look on his face is probably picture-worthy. But it would be nice to know if there is some other way to get the money, like from his wife. I appreciate any imput anyone has that knows the laws in NH. Thank-you

 

[Duranie]

Nope. His wife is not responsible for supporting your kids. The IRS can seize his tax returns but if she files injured spouse, it may protect her half but even that is not perfect. You can see if child support enforcement can put a lien on property they own, they can also seize any bank accounts with his name on tjem but if everything is under his wife's name, it makes it harder.

No court will make his wife pay his child support especially when she has her own kids to support.

 

[irish223]

The only way a spouse can be held responsible is if the obligor spouse (your ex) is voluntarily unemployed or underemployed. In that case, her income may be imputed for the calculation, but that's not the same thing as getting a support order from her.