Child support and a second marriage

[kingspud]

I need help!!!

I am about to get married for the second time and I pay child support for two kids from a previous marriage.  My soon to be wife is concerned that my ex will try to get more money from us once we are married because my soon to be wife makes very good money.
So the question is... Can my ex try to get more money for child support from both of us due to marriage and a joint income?  I she able to use both of our incomes as a support amount or just mine? Is my new wife's income safe or are we going to have to get a prenumptual?  Does the court take into account both of our salaries or just mine?  Etc...
Thanks

[Peanutsdad]

Nope!!

Your ex cant touch your new wifes money. ;)

[oneandonly]

"I want more money cuz you got married and there's more income..."

NOT going to happen~
You, the payor, are the only one legally acountable for paying child support. (providing there is a court order?) Now, if you are current, and pay on time, etc...there should be no problems. However, I do believe this is what prompted my husbands ex into filing for more support (I mean, come on, she hadnt asked for one more red cent until we got married...) and here is what happened.
My income was not included in any way shape or form for this review. Just in case though--all assets etc...are in my name only-bank accounts, etc...and will remain that way until support is over with.
However, due to CA laws stating that both parents are responsible for supporting children--income was inputted  for her for a 40 hr week--therefore, bringing support down somewhat.

What I would look at is what your support order is now and the last time there was a review. Your state laws can point you in the right direction for time involved in this. You income alone will be counted, unless you are underemployed (like my husbands ex) or something like that--then income can by inputted to you , as well.

Keep everything seperate, is my advice ~

[MixedBag]

The judge considered 50% of my income as an asset to dad and then applied the guidelines.

Then the judge took 50% of the step-dad's income as an asset to mom and applied the guidelines.

Mom and Dad each had custody of ONE child (dad -- daughter, mom -- son).

In doing so, the judge quoted a NV Case as being applicable.

Then the judge took away Dad's transportation adjustment from the original order because "we" made so much more than THEM.

The judge did not take into consideration the three children that I had to support from my side of the family either.

NV is a community property state -- and if you want the references, ask me via a PM...  I'd have to go dig them out of the closet of documentation.

[oklahoma]

My experience with this is as follows:

When I was not employed and the ex requested a modification of my husband's CS, the judge showed some--very little--leniency in setting the amount.

When I was employed, the administrative judge said essentially **I** could support our children, while my husband's income was used for CS.  The judge asked my husband very specific questions about my income (it was a temporary position too), but did not allow any questions about ex's spouse's income.  Go figure!

So, officially CSE cannot use the new spouse's income to calculate CS, but there is a human factor in determining the amount also....

[kingspud]

But can she use my new wife's income as a total with my income amount?  Do I need to make sure we keep separate accounts, separate taxes, etc...
I am in the state of California!

[kingspud]

California is also a Community property state so could they use the same case in this state or is this just applicable to NV?

[VeronicaGia]

A prenup will not help you.  A prenup is between you and your spouse, not anyone else.

However, the most a judge will do as long as you are not voluntarily unemployed or underemployed is consider whether or not you pay more or less taxes due to your spouses income.  However, just in case you get behind on support (it happens to the best of people), keep completely separate checking accounts, savings accounts, etc.  That way, if you do get behind and CA is able to secure a judgement lien against you, only your accounts will be hit, not your wifes.

You may also want to consult a family law attorney, but really you don't have too much to worry about.

[MixedBag]

CA can't use a NV case to base their decision on....

99% of me says you're safe like Veronica says....she's good at CA stuff

[LizaLou1]

As a slightly off topic point, DH and I just filed our taxes separately because I don't want his ex to have any insight into what I make.  I also claimed our mortgage interest on MY tax return which increased his tax individual base.    We pay quite enough for support and don't want to give the impression we have extra money laying around.



Best,

LizaLou