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Question I need answered
I am getting married to a man that has to pay child support to his children in Delaware
I need to know before I get married if my wages would be garnished or included in the amount he has to pay and if so will a pre-nup solve that dilemma. His ex-wife is and has been out for blood and I am not ready to give up my check. Looking for advice

http://www.divorcenet.com/states/delaware

Thanks that information was very helpful.
I’m not trying to be difficult with the situation but just to give you a little more info so you understand this woman is very bitter about her divorce. She was married for 16 years had 7 children and had not worked a day in her life by her choice. In the divorce he was suppose to get custody of the children. She did not want to take care of them. When she realized she had no income because she gave up custody she put out restraining orders on him and drag him from one courtroom to the other it got so bad that he was going to court every week for something. Loosing jobs cause of time off and she was calling the owner of the company up. Anyway, you see how messy it is. The threat of him being arrested was and still is hanging over his head. This woman has said to me that she would take me to court and get my money to. I don’t have a problem getting the children things if they need it or even just because but I do have a problem with a woman that refuses to work and wants to dig in peoples pockets as a means to support herself.

There are 2 sides to every story and the truth is somewhere in between!

>>>>"She was married for 16 years had 7 children and had not worked a day in her life by her choice."<<<<<

With 7 kids...I don't see how she could hold an outside the home job!! Besides, taking care of 7 kids and being a SAHM and wife IS a full time job by itself! Also, keeep in mind that she didn't make those babies by herself, your boyfriend was a willing participant!

>>>>>"This woman has said to me that she would take me to court and get my money to."<<<<<

In a way she is right. She can realistically use your income to support the fact that her Ex can now afford to pay her more since with your income he now has more disposable income. So yeah, you would be paying, in that more of your check will be going to the household than his.

>>>>>"but I do have a problem with a woman that refuses to work and wants to dig in peoples pockets as a means to support herself."<<<<<

Then you should reconsider marrying this man and volunteering having to deal with his nutty ex wife!

I can actually answer your questions fairly accurately because of personal experience (I am NOT a lawyer, this is not legal advice). First of all, DE does not consider the income of the new spouse (you). They use the Melson formula (google for delaware melson formula and you will find an online calculator). With seven kids, this will be substantial! They DO garnish paychecks, I think it is automatic. As far as whether or not she works, I believe they do expect both spouses to work, but with seven kids, the childcare costs (which are considered on the Melson!) might be more than the ex makes, although you haven't said how old the kids are and whether or not the older ones babysitting can partially help out.

Medical expenses are also divided between the parents according to a percentage figured out by the melson. I think ordinarily the custodial parent has to pay the first $350, and then the remaining expenses are divided and the NCP has to pay his/her share within a "reasonable time". Things like summer camp (unless child is under 13 and it is childcare so parent can work), dance lessons, college, cars, etc are NOT included in Melson. Child support ends when child turns 18 AND graduates from HS,or when child turns 19 with or without graduation, but NCP has to file to kick kid off.

Typically this process starts with a hearing with a mediator, and if the parties don't agree, it goes before a commissioner whose decision is probably binding.

Best advice for boyfriend--get a lawyer, and be prepared at hearing with last 3 pay stubs, W2, tax returns, and anything else on the hearing notice. Be objective, don't lose temper. Do the Melson in advance so he knows what to expect. And, if you are marrying a man with seven kids, expect that he will have a very very substantial financial obligation to those children for a long time, and it shouldn't end when they turn 18. When you marry a man, you marry his children too. Think long and hard if you are going to resent him helping out those children into adulthood, not just during CS years, and if you think you are, then reconsider the relationship NOW!

Parents can agree on whatever they want to agree on with the mediator. If he and his ex agree that he will pay $50/month and they both sign off, the mediator probably won't object. Likewise, if they agree on $5000/month same deal.

Having said all that, my ex is a Delaware deadbeat dad who has gone to every CS hearing whining about how poor he is and how he is about to lose his house. I cave and let things go, and then he goes out and has a spending spree afterwards. At the moment he hasn't paid for 10 months because he got pensioned off from his job and they don't seem to be able to garnish his pension. He pays a pittance but even that is too much for him, because he is too busy supporting his sweetie and her kids (no offense to you). My ex left me to pay for college & medicals for our son who is now 21--his mantra "I don't have to pay for this so I won't!". Our 16 yr old has numerous mental health and learning disabilities and he hasn't lifted a finger to help. I've paid for summer camps, private tutoring, various fitness/activity lessons (she is also morbidly obese), riding lessons, and even her cell phone, all with not a penny from him. Now that DE is about to pull his drivers license, he's sucking up to the kid and is going for custody. Until now he has done ZERO for her!