Legal Question in Family Law in California
I have my child 100 percent of the time. I need to leave the area to find work. If my son wants to move back to his mothers, so that he can stay in the area, I will have to pay child support. Will my new wifes income be included in the calculation of child support?
1 Answer from Attorneys
No, only your income is included. The calculation is based, however, on "disposable" income as that is calculated by the DissoMaster program. It is close to but not identical to "after-tax" income. Because being married to an earner impacts how much tax you pay on your income, it indirectly affects support. By the way, your son does not decide where he wants to live unless you and your ex decide to let him. Otherwise the determination is what is in the best interests of the child. If you have 100% custody, there must be something in the history of this family that would call into doubt whether turning custody over to her would be in the best interests of the child.