View Full Version : If I have Power of Attorney, do I have to pay his child support?


Levi's wife
06-30-2011, 07:43 AM
If my guy signs over Power of Attorney to me, does that also mean I am responsible for his child support and have to pay it or does Power of Attorney only allow you to take care of business on their behalf?

Bumblebee1
06-30-2011, 10:06 AM
it allows you to take care of business on their behalf. if you let child support know he's incarcerated and how long he's going to be gone they should adjust it to 0 since he has no income, but what he owes will still remain it just wont accumulate that's what me and my husband are working on now.

Bumblebee1
06-30-2011, 10:07 AM
Well for California that is... Not sure for other states

HardHeadedWoman
06-30-2011, 10:56 AM
you will not be responsible but as other poster said he needs to file paperwork so his payments dont accrue.

yourself
06-30-2011, 11:46 AM
you personally are not responsible for it. You, as his POA, need to attend to the matter, file for a change in support and any change in visitation/custody so that the child support reflects his current income, and his visitation/custody still gives him the ability to make major decisions, has Mom tell him about relevant stuff, and allows for appropriate visitation with some member of his family taking the child/children to prison visitation. You may also have to take care of the paperwork so teh Prison clears the visitation.

Levi's wife
07-02-2011, 07:27 PM
it allows you to take care of business on their behalf. if you let child support know he's incarcerated and how long he's going to be gone they should adjust it to 0 since he has no income, but what he owes will still remain it just wont accumulate that's what me and my husband are working on now.
cool...thank you...i was wondering about that part too....if it should adjust to 0...hope all works out for ya:)

Levi's wife
07-02-2011, 07:31 PM
you personally are not responsible for it. You, as his POA, need to attend to the matter, file for a change in support and any change in visitation/custody so that the child support reflects his current income, and his visitation/custody still gives him the ability to make major decisions, has Mom tell him about relevant stuff, and allows for appropriate visitation with some member of his family taking the child/children to prison visitation. You may also have to take care of the paperwork so teh Prison clears the visitation.
thanks so much for your response...i will definitely get on this:)

would you happen to know if being his wife automatically gives me POA or should you have paperwork filled out also?...currently we are not married, but as soon as he gets out of the county jail...we will be.

yourself
07-02-2011, 07:51 PM
thanks so much for your response...i will definitely get on this:)

would you happen to know if being his wife automatically gives me POA or should you have paperwork filled out also?...currently we are not married, but as soon as he gets out of the county jail...we will be.

being his wife doesn't confer any power on you to act on his behalf in an official capacity. Anyone choosing a person to be POA for property should choose the person best able to handle property matters, bank accounts, paying bills, taking care of licenses and the like. This is not necessarily the person you're closest to, but the person who can manage money and property to the best interest of the person, money and property. This is generally not somebody who just never bothers paying bills, but somebody who's conscientious, and capable, and willing. You should always appoint an alternative just in case the first nominee refuses, or must abdicate that responsibility.

Same goes with POA for healthcare. My mom is my most direct relative, but I'd never saddle her with that responsibility - she'd pull the plug even if there was a 99% chance of meaningful recovery, and she'd deny me drugs for pain. Similarly, if you have the idea that if you're best bet is a persistent vegetative state and you really, really don't want to exist for 10-20 years on life support, draining financial resources, and then dying, then maybe you should appoint somebody who can make that decision for you, understanding your wishes, instead of somebody who'd have a hard time letting go.

Levi's wife
07-02-2011, 08:12 PM
being his wife doesn't confer any power on you to act on his behalf in an official capacity. Anyone choosing a person to be POA for property should choose the person best able to handle property matters, bank accounts, paying bills, taking care of licenses and the like. This is not necessarily the person you're closest to, but the person who can manage money and property to the best interest of the person, money and property. This is generally not somebody who just never bothers paying bills, but somebody who's conscientious, and capable, and willing. You should always appoint an alternative just in case the first nominee refuses, or must abdicate that responsibility.

Same goes with POA for healthcare. My mom is my most direct relative, but I'd never saddle her with that responsibility - she'd pull the plug even if there was a 99% chance of meaningful recovery, and she'd deny me drugs for pain. Similarly, if you have the idea that if you're best bet is a persistent vegetative state and you really, really don't want to exist for 10-20 years on life support, draining financial resources, and then dying, then maybe you should appoint somebody who can make that decision for you, understanding your wishes, instead of somebody who'd have a hard time letting go.
thank you for your timely response....

ok just one more question....if you marry someone do you automatically become responsible for their child support or take any property in lieu of child support? I don't have kids by anyone and own a home.

lojo
07-02-2011, 08:16 PM
The child support doesn't accumulate but the interest does, and the interest sometimes is almost as much as the payment in California.

it allows you to take care of business on their behalf. if you let child support know he's incarcerated and how long he's going to be gone they should adjust it to 0 since he has no income, but what he owes will still remain it just wont accumulate that's what me and my husband are working on now.

lojo
07-02-2011, 08:18 PM
His child support is his debt, it does not become yours but once you guys file taxes they can go after you, you will have to get a form notifying them that you are not responsible for his debt.

Also, power of attorney does not give you rights to speaking to someone at child support. Call the child support in the county he owes it in and ask them. My ex had given me power of attorney to deal with this, and then we found out all they wanted was a signed piece of paper that Orange County, Ca uses.

thank you for your timely response....

ok just one more question....if you marry someone do you automatically become responsible for their child support or take any property in lieu of child support? I don't have kids by anyone and own a home.

Levi's wife
07-02-2011, 08:55 PM
His child support is his debt, it does not become yours but once you guys file taxes they can go after you, you will have to get a form notifying them that you are not responsible for his debt.

Also, power of attorney does not give you rights to speaking to someone at child support. Call the child support in the county he owes it in and ask them. My ex had given me power of attorney to deal with this, and then we found out all they wanted was a signed piece of paper that Orange County, Ca uses.
appreciate ur response....i'll be lookin into this too....love pto...so resourceful and informational...shout out to all the workers/volunteers who make pto happen:thumbsup::)

yourself
07-02-2011, 11:13 PM
if you're in IL, and the house is in your name, there's no claim to your house. If you keep your assets separate and don't co-mingle, then his child support is his child support. This changes depending on which state you're in - if you're in IL, then his debt is his debt. If you move North to WI, you discover how cruel a community property state is.

Levi's wife
07-05-2011, 11:18 AM
if you're in IL, and the house is in your name, there's no claim to your house. If you keep your assets separate and don't co-mingle, then his child support is his child support. This changes depending on which state you're in - if you're in IL, then his debt is his debt. If you move North to WI, you discover how cruel a community property state is.
oh good...i was really worried about child support coming after my house....very good information...thanks so much:)