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When setting up child support payments, information is taken from both parents, including their income.

If either parent has since remarried, do they have to show the income that their new spouse brings in, or if they do not work (only the new spouse does) can they just list their income as $0 since technically they are not the one receiving the paychecks?

Thanks for any advice.

2007-03-23 16:04:06 · 9 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

9 answers

Nope only the biological parent income

2007-03-23 16:10:28 · answer #1 · answered by klo jones 2 · 0 0

when either parent remarries, there has to be a change in circumstance to change the child support anount. say if the non custodial parent got married, had a new baby (acquiring 2 dependants) this calls for a reduction in payments. if the custodial parent marries and there is reason to believe the cost in support has changed by increasing then a modification is in order. However, if the non custodial parent wants to reduce the amount of support because the custodial parent got married, it's very unlikely since the new spouse isnt legally responsible to provide for the children. the new spouses income should be listed, however it is not considered for the amount of child support. it's only a marker for allowing the parents income to be assumed more since he/she has an increased amount of disposable income.

2007-03-23 23:14:33 · answer #2 · answered by Bella 5 · 0 0

the new spouses income is not included in a child support decision as this step parent has no financial obligation to the child. I guess yes a persons income could be zero however this would not necessarily increase child support payments as the parent with 0 income obviously has someone to pay the bills otherwise they could not provide for the child and judges are not stupid, at this point I would think they would ask for division of household suport to show how the child is being cared for.

2007-03-23 23:11:33 · answer #3 · answered by thelmashirley 4 · 0 0

To calculate child support they take the income of the mother and father only. They combind it together as if the parents were still married. They have a scale that tells them what percentage of income would be spent on that child if the parents were still together. Then they break it down to a formula depending on your pay schedule. (so much every week, bi-weekly etc)
The only time that the new spouse is effected is if the one paying support gets behind in payments. The child support can garnish tax refunds.

2007-03-24 01:11:56 · answer #4 · answered by MS. O 4 · 0 0

listen my friend
even if you don't work the courts are going to wanna know how you are supporting your self and if you are married the spouse income does count as a family income if you do get away with it the most that can happen is that they will put you into a child support unit that will take money from your bank accounts ,or income tax checks if judge makes that ruling etc they can stop you from driving buy cancel ling your drivers licenses or you could do jail time depending in what state you live ...good luck

2007-03-24 00:10:18 · answer #5 · answered by aracelis301 1 · 1 0

Every state's child support laws vary, but I think that if you do not work, the new spouse does and you have filed your taxed married filing jointly, then the court takes this into consideration. I know that the first year my aunt filed her taxes with her new husband, his ex put in a child support claim. They have been deducting payments from her paycheck ever since.

2007-03-24 00:55:01 · answer #6 · answered by Krissi 4 · 0 0

if you have remarried and only your husband works, and you have sole custody you do not need to show his income.
on the other hand if you do not have custody, he does, and you do not work, you best get a job. you will still have to pay child support based on what you made EARLIER.

2007-03-23 23:14:57 · answer #7 · answered by KRIS 7 · 0 0

depends on where you live; where I live, they wll take the newly married spouse's income into play....which, is not right, but hey, that's life!

2007-03-23 23:07:52 · answer #8 · answered by abc 7 · 0 0

hire a good lawyer because they can help the most on this. If your ex is money hungry you will live in court without a lawyer.

2007-03-23 23:09:01 · answer #9 · answered by kvnbbn 1 · 0 0

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