I live in the state of California, and my husband has two children and we have just been subpoenaed to court. On the paperwork it asks if people live with you and how much they make. I heard a while back that a senator (or some kind of politician) was going through a custody battle with his ex-wife and they were trying to take money from his new wife, so the law changed so that the spouses of the non-custodial parents do not have to report their income.
Does anyone know if this is true? And if so, what should we put in that box? PLEASE HELP!
2007-04-12 10:32:49 · 9 answers · asked by Hmm... 1 in Family & Relationships ➔ Marriage & Divorce
We have a lawyer.. I just want to know what to expect.. THANK YOU FOR EVERYONE'S HELP!
2007-04-12 10:38:13 · update #1
If you are going to court get a lawyer.
2007-04-12 10:36:27 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No, the story about the senator is not true and yes you still have to report YOUR income. That doesn't mean they will be taking child support from you. It is more than likely his ex wife has asked for an increase in child support from him and they are wanting to see how much money is going into his new family and if what he is paying in child support is equitible to that amount. You SHOULD report your income because they also go over IRS records and if you're not reporting your income on all legal paperwork you could get into a bit of trouble with the IRS
And while Debbie is right about New York state...that doesn't hold true for California. New York is not a community property state....California is, anything that comes INTO the marriage is considered a marital asset. That is more than likely WHY they want the wife's income listed.
2007-04-12 10:39:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I would like to believe that your lawyer knows what he/she's talking about, but I wanted to let you know that even though it doesn't seem fair, some states such as mine DO determine a spouses income only if they are trying to reduce the amount because of another child in the house. I've ran across a couple of posts on the web regarding your state while googling this matter and some spouses' incomes were in fact considered only because the child's father is requesting a deviation. Every judge is different, but I do believe that they are allowed to because you guys are asking to lower it and insinuating that the amount would cause hardship, so a court has the right to consider your income to see if that's the case. Good luck :)
2016-04-01 11:41:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I just took about half an hour trying to find out for you. Our lawyer here at work ( who works with real estate not children)
thinks it could be possible but more then likely not!
I would call a local lawyer and see if you can get some free advise. Good luck!
2007-04-12 10:50:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sorry to tell you but the ex-wife can get the child support based on total income of both you and your husband because you two are married. So in the end you are paying for his kids as well.
2007-04-12 10:47:18 · answer #5 · answered by snack_daddy10 6 · 0⤊ 1⤋
From my understanding they will only use your husband's income to determine child support. If they court is asking for this information then you probably have to furnish it. I would get a family law attorney.
2007-04-12 10:40:06 · answer #6 · answered by DD 1 · 0⤊ 0⤋
Assume yes because you are married therefore you have more income and assets available.
2007-04-12 10:40:17 · answer #7 · answered by Deep Thought 5 · 0⤊ 0⤋
i know that in NY my income has no bearing on anything he owes his ex. if i won a million dollars she couldnt touch it and its not his assest its mine, only what is reported on his W2 alone is what they go by, otherwise its BS, why should someonel else benfit from you??
2007-04-12 11:16:22 · answer #8 · answered by debbie v 4 · 0⤊ 0⤋
That's not entirely true - check out this website http://www.childsup.cahwnet.gov/
2007-04-12 10:45:31 · answer #9 · answered by Motan 1 · 0⤊ 0⤋