Legal Question in Family Law in California
child support
Im about to get married with my boyfrined that is paying child support...I have kids on my own and would not like for them to deduct any of my salary for his child support...can this happen???
2 Answers from Attorneys
Re: child support
The woman who is receiving child support may file a request for the court to modify child support because of a new family situation. It is a possibility yes. Child support calculations are complicated, so a consultation with an attorney would be most helpful.
good luck.
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Re: child support
Highly unlikely that your income will be used to calculate his child support. I recently had a client who wanted to try to reduce his child support because the wife's new husband made a LOT of money. We entered the new spouse's income into the child support calculator (dissomaster) and it didn't change it one iota.
Here's the general rule, as far as I understand it: If your boyfriend is trying to hide income, or if he is working under the table, or if he is not working at all, then the court could be asked to used your income to determine child support.
As long as your boyfriend is working and earning income, the court will only use his income to determine support.
There was some other research I did that suggested that you should maintain separate bank accounts, and you could simply each of you deposit into a joint account the money to be paid for joint bills, etc. This is to show that your income is separate, but I don't think it would matter that much.