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child support calculation

Started by mc24, Oct 13, 2005, 05:02:43 PM

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When calculating child support, if the custodial parent is remarried, does her new husband's income get calculated?

DH is being threatened with less visitation and more child support.  The final order is kind of vague as far as visitation - just says "reasonable visitation" will be given.  Supposed to be agreed upon between them and adhered to, but nothing is in writing.  He has had every weekend for the past couple of years.  Before that, it was several days a week - pretty close to half time.  

We need to know how to stop this from happening!  It was bad enough to be changed to weekends only, when he had more time for years prior to that, but we agreed to it b/c BM moved and it was hard during the school year to go back & forth during the week.  Summers have been pretty equal time between them.  But now, she's trying to get even more of his time, and I guess the only option other than letting her is to end up going to court.  :(  

Any advice would be appreciated!  Thanks!


From what I understand, the new spouse's income does not get calculated in the majority of states. What state is your case in?

Is the new husband extremely rich? That sometimes is taken into account, but usually not.

The only way to stop being denied visitation is to file to have it modified. When he files, don't be surprised if she files for CS modification in retalliation. Most counties have a default or standard visitation agreement they slap on divorces nowdays. Find out what yours is and see if you like it. If you do, it should be easy to convince the judge that this standard should be good enough for your family.

We were in your place a couple years ago (except ex didn't remarry). DH had to file to get his "reasonable visitation" changed to a specific schedule. One of the things we didn't think of is that when Dh won the right to see SD more, BM started to poison SD against us even harder and now visitation is even more difficult but it is through SD's resistance, not legal issues. How old are your SK's?

Good Luck


Thanks for your reply.  We are in FL, and BM is in GA.  I'm sure if it comes down to it, we will have to fight to try to keep jurisdiction here.  

Her new husband is not extremely rich, but she doesn't work at all.  Never has, really.  Just lives from husband to husband.  I did read where we could probably have her "potential" salary figured in for fairness.

My SD is 12, and she is very understanding of our dilemma.  We do not EVER bad mouth her mom (in front of SD) but she tells us she doesn't like the way her mom controls things, and that she wishes she could live with us.  I guess she may be playing us a little, but she really does seem mature about the whole situation.

Thanks again for your help!