Legal Question in Family Law in California
Child support income definition
I have been paying support for two sons from first marriage for many years. Oldest is now 18 and just graduated High School. There is no quarrel from my ex that support order be modified. However her attny has done a dissomaster for us and I beleive her attny is incorrect on several issues.
1. I rec'v Social Security Disability income. I have 6 other children that I support who live with my wife in Idaho(we have been seperated for several years but have not divorced). My children and wife all rec'v a small monthly benefit from Soc. Sec.. My ex's attny claims the benefits they rec'v(that I never even see) are considered as included in my income because it is ''household income''. My wife and I live in seperate states??? Is their benefit my income?
2. My ex's new spouse income is over 100k per year. Her attny is putting his income into the computer that determines my support. I beleive that Calif. Family Code # 4057.5 does not allow this. Please advise.
1 Answer from Attorneys
Re: Child support income definition
You are correct and he is correct. You do not include the SSI income that does not come into your home. You do include SSI income that comes into your home. Your ex's new spouse income is used in the calculation but only to caclutate the taxes that your ex would pay because the formula works on net income. If your other children are receiving SSI income, why isn;t this child also receiving it since it would be credited toward you child support payment and may actually pay all of that child support payment. Good Luck, Pat McCrary
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