My sis wants to marry her boyfriend. He has a 2 yr.old son. If thye get married will the child support pmt go up? Also if the ex gets married will that make the child support pmt from the dad go down?
2006-11-13 05:17:15 · 13 answers · asked by same girl/new name :) 5 in Family & Relationships ➔ Marriage & Divorce
In both cases the answer is no. Step parents are not responsible for the support of their spouse children. The different story will be if you sister will have child then the payment might go down, father will have an additional child to support. If his ex will have child nothing will happen.
2006-11-13 05:26:33 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It shouldn't... but it might be wise to seek out some free legal advice (from a Community Action type place perhaps). So far as I know (I receive child support), it is based only off the incomes of the child's parents, not their spouses. In certain circumstances they could probably still tap the spouse's income (say they were rich, so the father didnt work... THEN they could probably find a way to get the money from the "family" assets). But if they're everyday people, both work, etc. then it shouldn't be a problem. It shouldn't make CS go up, nor reduce it in either case. Of course if someone has enough money, they can hire a lawyer to find loopholes around just about anything... but generally... it won't be affected.
2006-11-13 05:22:48 · answer #2 · answered by kittikatti69 4 · 0⤊ 0⤋
All your sister needs to do is check with a lawyer. Some lawyers will offer a free consultation. The laws differ by state. In most states, remarriage is not an issue and does not affect a payment. Usually there is a formula that will add up the amts made by the parents, this then corresponds to a set dollar amt. that the court says is what you would spend on a child per month. If her bf's child is with his mother 90% of the time, she would get 90% of that figure.
2006-11-13 05:23:54 · answer #3 · answered by Laura 1 · 0⤊ 0⤋
Child Support in most cases that I know of has nothing to do w/ the spouses income. It has to do w/ the parents income. The only way for it to change is if one of them gets a better or worse paying job than they had when the support was calculated b4. And unless one of them file for a support increase or decrease it will stay the same.
2006-11-13 06:43:31 · answer #4 · answered by ~B~ 4 · 0⤊ 0⤋
Depsite what others are saying as someone who is in this situation, yes the mother can petition the court to review the fathers expenses for consideration for child support.
The court takes into consideration that his living expenses will have decreased since he is getting married. Where before his monthy rental payment would have been 1000 now they can consider that since he is married and shares this expense which will make more money available for his ability to support his child.
This also works vice versa, if the mother gets married, the court will have to consider that her expenses have lessened also.
This is all to do with him and his expenses though not the new wife's income.
However, she has to petition the court, this does not "just" happen.
2006-11-13 05:53:46 · answer #5 · answered by www.treasuretrooper.com/186861 4 · 0⤊ 0⤋
In the state of Delaware, child support is dependant ONLY on the income of the natural mother and natural father. It may be altered by things such as health insurance premiums, child care, and other CHILDREN of either parent that may need to be supported. Marriage does not alter the formula for child support in this state.
2006-11-13 05:21:15 · answer #6 · answered by Yahzmin ♥♥ 4ever 7 · 0⤊ 0⤋
There will be no modifications in the child support order once it is established... They can not modify until the order is in effect for at least 4 years depending on what state you live in... And it has nothing to do with marriage... Ask your local Child Support Enforcement Office...
2006-11-13 05:21:00 · answer #7 · answered by Dani_n_keem 2 · 0⤊ 0⤋
Child support is based on the non-custodial parent's income and a new spouse can add to that total. It doesn't change unless the custodial parent actually takes the non-custodial parent back to court. (this is for the state of California) As well, if the custodial parent gets married, it can make the non-custodial parent's payments reduce.
2006-11-13 05:21:47 · answer #8 · answered by Anonymous · 0⤊ 1⤋
No and No.
Child support is based on his income and it does not stop or get lowered whether the mom of the kid gets married or not. He needs to support his child.
2006-11-13 05:19:13 · answer #9 · answered by janicajayne 7 · 1⤊ 0⤋
All of those questions should be answered by his divorce decree and related maintenance agreement. In most cases, if he remarries, then the support payment stays the same. if his ex remarries,then any portion of the payment that can be deemed alimony goes away, but the child support remains.
2006-11-13 05:21:08 · answer #10 · answered by Rum_Punch_Girlie 3 · 0⤊ 0⤋