My fiancé has two kids by his ex-wife he pays child support through the court system. His ex-wife stated that once we get married she's going to take him back to court to get more money. In California do they consider the new spouses income...can she do this?
2006-12-14 08:28:55 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
No... not in any state....the spouses income is not factored into the child support. Nor are your responsible if he is in arears and his tax returns should get sent to her. You would need to file an injured spouse form with your taxes. Under no circumstances are you responsible for any support obligations.
However, if the 2 of you have one (or more) child(ren) together it will lower his support to her by the factor of:
1 child 0.935
2 children 0.903
3 children 0.878
4 children 0.863
5 or more 0.854
Unfortunatley, it works in reverse to.... If she should have more children with her new "partner" your fiance's support could go up by the same factors. Honestly the percentages are not that much for additional children.
Another thing to keep in mind, a custodial parent or even a non custodial parent can only request modification to support once every twelve months. Unless they can prove that there is a 20% difference in income that was previously reported on the prior order.
2006-12-14 08:46:27 · answer #1 · answered by shughes2000_2000 5 · 0⤊ 0⤋
No, she's blowing steam out her ***, tell her to go take a flying bleep at a donut. It only considers his income. Now, having said that, be very careful about bank accounts. They can't take your money, but if it's in a joint account they can put a lien on it if he owes back support. Same with tax refunds. You can get your money, but it's a lot of work.
2006-12-14 10:31:17 · answer #2 · answered by John F 3 · 0⤊ 0⤋
Nope. His income and only his is used for calculating support payments. In fact, since he is now remarried, that needs to be taken into account and the support can sometimes be reduced due to his new obligations to you. Ultimately, in California, the amount of payments is figured by the state and cannot be adjusted by either party.
2016-05-24 05:01:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
this one is tricky. no, the support is not figured based on your income. however, because there are two incomes, his disposable income increases. but, unless there is reason to believe the expense of the children has gone up, there is no reason to increase the child support.
she can request a modification for support based on him being married, but she has to come up with a reason for a need to increase the support. such as sending them to a private school as opposed a public school. (which is kind of stupid since she would have to pay half of it anyway so it would be a loss on her part)
you are not responsible for the care of his children. ever.
2006-12-14 08:35:49 · answer #4 · answered by Bella 5 · 1⤊ 0⤋
In extreme cases, they will consider the wives income.
You need to be very cautious about how you set up your financial situation if you marry. Don't have a checking account with his name on it...child support can clean it out. Don't have any real property with his name on it...they could put a lien on it. Basically, keep your financial separate.
2006-12-14 08:39:21 · answer #5 · answered by Royalhinney 7 · 0⤊ 1⤋
since all states are different with guidelines/laws, there is only one way to find out for sure. contact legal aid in your area; they are in every state, and almost every county. they go on a sliding scale, so it is free to most.
here are some links about CS, just click on your state and find the child support section.
2006-12-14 15:14:16 · answer #6 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
NO! she can petition the court for more money if he is making more money. your finances have nothing to do with his support. if that was the case these women would be making out like fat rats.
2006-12-14 13:13:08 · answer #7 · answered by ABC 3 · 0⤊ 0⤋
No, you can not count the spouses income. Just went through it , don't worry.
2006-12-14 08:45:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no something is wrong with her either she is money hungry or just miserable because she is not with her x so she just talking cause if they pass a law like that then the system is crazy as hell cause that is not right at all
2006-12-14 09:01:07 · answer #9 · answered by MRS DEE 2 U 3 · 0⤊ 0⤋
I doubt it. In my state they only consider the parent's income, even if both are remarried.
2006-12-14 08:32:06 · answer #10 · answered by 12879 2 · 0⤊ 0⤋