Legal Question in Family Law in California
Child support
Me and my fiance want to get married but he is affraid that his ex will try and use my income so she can raise the amount of child support she is receiving from him. He makes much less than i do and she knows it. Is there anyway to keep her from touching my income and assets?
2 Answers from Attorneys
Re: Child support
Generally, the court will not consider the income of a subsequent spouse or non-marital partner unless there are circumstances, which create a severe hardship for the support of the child or children.
Feel Free to contact me if you would like to pursue this matter.
Good Luck!
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Re: Child support
California statute precludes using the new spouse income to increase child support. New spouse income is used in the support calculation for the sole purpose of determining the amount of income taxes paid. If your income is much higher than his income the tax increase will reduce the amount of child support. As the other attorney stated there may exist some unusual circumstances that could result in your income increasing his support obligation. The best course of action would be to consult with an attorney.
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