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Child support

Started by JROB, May 24, 2004, 03:53:27 PM

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JROB

I live in California, and I am planing to get remarried, can the Court
use the new wifes wages in the Dissomaster, and award X more money?
thanks for the input!

oklahoma

We're from Oregon, so I don't know about California CS specifically.  From what I understand, the new spouse's income cannot be used.  However.... when my husband requested a modification last summer, the judge asked very specifically what I was making (I was at a temp job--haven't worked since), would not allow my husband to ask ex about her husband's income, and essentially told my husband that I could support OUR children while he paid the max child support to his ex.
On the other hand, a couple a year's ago we went through the same process when ex requested mod.  Although the paperwork did not say so, our attorney felt the judge was somewhat lenient towards my husband since I was not working at that time. (The amount still went up, so I'm not sure how lenient it actually was.....)

purrrfectgirl

They shouldn't be able to use new wife's income.  I live in Ohio and there are no laws here that allow for new spouses income to be used in CS.  The theory is, since the new spouse in not a parent, then that person is not responsible for supporting the child.  California might be different.  Maybe call up a lawyer and get a free consulation over the phone.  I'm sure it would be easy infromation to get for free from an attorney.

purrrfectgirl

They shouldn't be able to use new wife's income.  I live in Ohio and there are no laws here that allow for new spouses income to be used in CS.  The theory is, since the new spouse in not a parent, then that person is not responsible for supporting the child.  California might be different.  Maybe call up a lawyer and get a free consulation over the phone.  I'm sure it would be easy infromation to get for free from an attorney.

mickey26

 I live in NY I make more that my husband his X tryed to come after me for support the judge told her that If my income needed to be more that twice what he made that he might come after some of my income also but  it is not so he left me alone. I work with some one who is getting garnished due to her husband falling behind in his support and her having a better paying job and l him getting a part time, so he could try to get his support lowered. when he asked the court to lower his support they came after his wife and told him to get a full time job and pay his support himself and they would stop garnishing his wife.  I would check the laws were you live.