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Anyone have an instance where CS was calculated and

Started by Yngsmommy, Jan 23, 2004, 01:00:52 AM

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Yngsmommy

a step parents income was counted?  Specifically in California but anywhere else would work.

The reason I ask.

My fiace recently proposed.  We kinda have mixed finances.
I.E. we have seperate accounts, but he doesnt make enough money to cover his expenses so I pay some of them.

He has 85% custody so BM currently is 'supposed' to pay 653.00 a month in CS for a 3.5 year old and a 6 year old. Obviously she doesnt... however when we get married I am sure she will try and get CS lowered (even though she doesnt pay it).

I make significantly more than my fiance.  (to the tune of 4 times his income) which is WHY we are able to life in our lifestyle... however I dont want my income affecting his CS...because that should be based on his and her's income. They are THEIR children.  Yes I care for them as if they were my own and love them very much and make sure they have all their needs take care of, but that shouldnt be my responsability.

I know we can file our taxes together, and yet do a mock up of each of us filing seperatly for Child Support... any other ideas?

oneandonly

No, in CA, your income will not be counted for support...however, in CA, both parents are responsible for supporting the child/ren and I will assume your fiance is working and working 40 hours? If, for some reason, he is not, then CA might look at your income but only to determine that dad may not be working full time due to you paying the bills (something like that---). The court can then impute 40 hours a week at a certain wage...
It sounds like this has not happened yet and let me assure you, BM cannot ask for reduction in support based on dad marrying and possibly receiving more joint income. Her circumstance did not change warranting a modification.
Personally, I'd go ahead and file together--if this info is reqested for any future modifications, just black out yours.

wendl

I am a stepmom too, in my state they do not count my income when determing cs, however my dh and I do no co-mingle our finances at all, we also file our taxes seperately, no reason for bm to know how much I make. I have a child of my own to support in which I didnt get support from ex for year until recently

MixedBag

YES, In community property states, this happened to me.

But OneandOnly is right about CA which is not a community property state.

Just be careful -- if he becomes a stay-at-home-dad because there are kids (your two) now....then the situation might change and YOUR income comes into play ..... unless you convince the judge to just impute his income back to his old level for the sake of his child.


Yngsmommy

Actually California is a Community Property state...

MixedBag

Yep, you're right....so be careful.

VeronicaGia

Do like someone else said:  keep all checking, savings accounts separate.  Do not mix funds.  Make sure each of you is the beneficiary on the other's accounts, life insurance polices, etc.  

Unless he is voluntarily unemployed or underemployed, and only in extreme circumstances, can CA take your income into consideration.  However, do not ever reveal your income to the state of CA.