Legal Question in Family Law in California
Child support Laws and regulations
I was a single a mom, my son is now raised, I had to work to support him. I am now in a live-in relationship with a man with 4 children.We wont get married because I refuse to give the woman (his x) half of my pay as well. His ex is remarried, does not work, and relies on her $20,000 + child support income from my boyfriend as her main support. She is teling the kids they are"welfare levels" causing low self esteem. She, however refuses to work. Can a judge force her to go to work to support her children??? Without my financial assistance, my boyfriend would not be able to survive. Is there anything we can do?
1 Answer from Attorneys
Re: Child support Laws
California courts do not consider "new mate income" in setting support, except in extraordinary circumstances. In your case, you could become married and your income would not be included in setting support. In fact, your joint incomes could result in higher taxes, which would reduce support.
One of the "extraordinary circumstances" where new mate income is considered is where the party (the ex wife in this case) is married to someone who's income is high enough to allow that party to not work at all. So, the court MIGHT consider the ex's present spouse's income.
The court will also consider imputing income to the ex if it is shown that she has a skill, there is a market for the skill and she is willfully refusing to work. Certainly she can be charged with $1,000/mo, which is minimum wage.
If your boyfriend is paying about $1,600/mo, I cannot understand why you are not talking to a local attorney.
Matthew Kremer/San Diego
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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