sparkler

Does anyone know whether the fiance's American ex-wife, who has custody of the children, has the legal right to claim anything from any of the new wife's salary, property or assets?
Thank you. sparkler.

Folinskyinla

Hi:

Yes, any competent attorney knowledable in the laws of marital property and family law in the state of intended residence should know and be able to advise you.

lairdside

I'm surprised at that.

Obviously I'm not familiar with every states laws but I was certainly under the impression that it was the norm that the ex-wife could not DIRECTLY claim upon the assets/income etc of the new wife. Perhaps if she had grounds under RICO such as in Perlberger v. Perlberger but I'd consider that to be uncommon?

Indirectly, the income of a current spouse reduces the necessary household contribution of the former husband/wife of the ex-husband/wife and so in that respect my impression was that it was fairly standard that in effect new spouses contribute to the upkeep of the old.

I'd imagine that you may even need an attorney who is familiar with both the laws of your intended state of residence and that of the ex-wife if she may be able to claim jurisdiction there? (or of course two attorneys...lol. In my divorce I ended up with three but it was international).

I wholeheartedly echo Mr. F's sentiments above about seeking counsel

Letysjim

it depends from state to state but here there is no way the any ex can get
nothing from the new spouse . if you are behind in child support they can
take 50 % of your check and 100 % of tax refund , but if the new spouse is
involved they will deduct what they make because it is their money . your
spouse now has no right to your Children or your ex . and after you divorce
you was a single person , however if the bills and the property was in your
and your ex's name they will come after that property
"lairdside" <member@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Folinskyinla
    > > Hi:
    > >
    > > Yes, any competent attorney knowledable in the laws of marital
    > > property and family law in the state of intended residence should know
    > > and be able to advise you.
    > I'm surprised at that.
    > Obviously I'm not familiar with every states laws but I was certainly
    > under the impression that it was the norm that the ex-wife could not
    > DIRECTLY claim upon the assets/income etc of the new wife. Perhaps if
    > she had grounds under RICO such as in Perlberger v. Perlberger but I'd
    > consider that to be uncommon?
    > Indirectly, the income of a current spouse reduces the necessary
    > household contribution of the former husband/wife of the ex-husband/wife
    > and so in that respect my impression was that it was fairly standard
    > that in effect new spouses contribute to the upkeep of the old.
    > I'd imagine that you may even need an attorney who is familiar with both
    > the laws of your intended state of residence and that of the ex-wife if
    > she may be able to claim jurisdiction there? (or of course two
    > attorneys...lol. In my divorce I ended up with three but it was
    > international).
    > I wholeheartedly echo Mr. F's sentiments above about seeking counsel
    > --
    > Posted via http://britishexpats.com

Mrtravel

sparkler wrote:

    > Does anyone know whether the fiance's American ex-wife, who has custody
    > of the children, has the legal right to claim anything from any of the
    > new wife's salary, property or assets?

Child support can be changed in some states and based on the joint income.

Dekka's Angel

Ditto what Folinskyinla said. Nobody on an NG can answer that for you without many details and facts not set forth in your post -- details and facts that should not be set forth in this type of forum.

P.S. Welcome back Lairdside! We missed you

Rete

Believe you are reading Mr. F's response incorrectly Laird.

The OP asked if anyone knew if the new spouses .... and

Mr. F is saying Yes, any competent attorney would know.

Rete

Folinskyinla

Hi Rete:

I found Laird's comment to be well taken and he might even very well be right. But the area scares me.

I know that I would hesitate in giving such advice to a California client simply becuase I have not kept up with area of law at all.

However, I have taken the bar exam in two diffrent COMMUNITY PROPERTY states. I recal that in one, 50% of Community Property is liable for "seperate" debts and in the other none of the C/P was liable [a concept given the name of "marital bankruptcy" which is why the hell I happen to remember it].

Rete

Lairdside is a she ;-)

I wasn't commenting on her comment. I am only familiar with NYS back in the 70's when it comes to ex-spouses and new spouses' assets in terms of child support. Been there, done that, and the new spouse paid ;-( for the ex-hubby's lack of financial care for 13 years of his children's lives.

Rete