Legal Question in Family Law in California
Child Support Modification
My fiance just received a letter from Child Support Services stating that his employer has been asked to provide income verification for possible child support modification. He's been paying child support for nine years to an ex-girlfriend for his 9 year old son (once paternity was established the money was deducted from his check). Now she has heard that he is getting married and has asked for an increase. I know (from a previously answered question) that my income can be included to determine his tax liability and that it's possible that the support would go down due to his being placed in a higher tax bracket (he makes about $50,000 and I make about $45,000). My question is can we require that her employer show proof of her income. He's paying $530 per month now. His income has increased (cost of living, small promotions, etc) but so has hers. He's worked for a City county agency for 20 years and she's worked for a large grocery chain for 18 years. Our concern is that she will give the incorrect income while his job is being asked for official documentation. What can we do to ensure that her actual income is considered when attempting to recalculate any child support. Thank you in advance for your time and assistance.
1 Answer from Attorneys
Re: Child Support Modification
The mother of the child should be required to produce pay check stubs prior to the child support hearing. If he does not have any visitation with the child her income will have no affect on the child support calculations.