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Community Property State but wife's income never calculated?

Started by Tana, Jul 09, 2015, 09:45:37 AM

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my son's father is married and he was even married when my son was born. Her income was never calculated and she makes a significant amount (I believe $10000 per month). Was this a mistake? NCP said he is married but files separately but he never showed tax records
shall I bring this up when we go to court?


Why would she be required to pay anything to your child? Most states just go by bio parents (mother and father). In fact, I am a step-mom and I whited out my information on the taxes when my husband went to court. No reason for the courts to have it. Child is yours and the father, not step-mom.


No need to bring her up at all in court with one possible exception and one definite exception. 

Possible - If your state requires an affidavit of expenses, you may be able to request her income to prove an offset of his expenses.  For example if he takes home 3k/month and shows his mortgage as being 1.5K you can request her income to show that his SHARE of the mortgage is actually only $345/month. 

Definite - If your state goes by "share" rather than a straight percentage of his income and he has a child with her, she has to show her income on a CS spreadsheet to show his CS "obligation" to her in order to deduct that from his available income to pay CS for your child.  (For example, my ex married T and she had a son J from another marriage.  My ex and T have a baby A.  When I was taken back to court to lower CS, my ex and T had to fill out a CS spreadsheet to show what he would owe for A.  His income was then lowered by that amount and my CS was then calculated based on that lowered availability and my income.)

If you're trying to get CS from her, you're out of luck and just wrong.  She didn't have that child, she's not responsible for that child.  Only you and your ex are.
The wonderful thing about tiggers is I'm the only one!


The community property state I dealt with was NV.

There as the step-mother, my income was considered available at 50% to my husband -- kids' father -- particularly when it came to wanting an offset for travel expenses (Mom fled with three children across the country and CREATED an extreme expense in airline tickets).   I wwas pissed.  Mom fled....she should pay for travel is the logic.  THEN is it really MY FAULT I had a career when she had the SAME opportunity yet chose a different path?  And her money was made under the table for the most part.....

My income was not used to determine how much CS Dad should pay.  But he basically lost the travel expense offset that OH gave him

In California, I've seen here -- where a person will share that the spouses income is used to determine tax bracket to get to net income I believe.  Those posts are probably "so old" like when this site was on another server, so probably lost -- not use trying to find them.

If he is UNDEREMPLOYED -- like staying home because SHE makes the money.....you might have an argument. 

Hope that helps.....YES, it's very frustrating when the other side marries rich and you're wondering what the heck.  Moms do that too -- and Dads are frustrated asking the same questions you are. 

Pendulum swings both ways.

Hope that helps.