Legal Question in Family Law in California
Child Support \Re-Marriage
I am going to be remarried and wanted to know if my future wife is going to be responsible for any child support for my son? It is my understanding that it is soley my responsibility and based on my income. Is this to be true in the state of California?
2 Answers from Attorneys
Re: Child Support \Re-Marriage
She will not be responsible and her income is not considered.
Re: Child Support \Re-Marriage
In CA, your remarriage and her income will have some effect on the level of support.
First of all, your change to Married Filing Jointly would normally increase your net and therefore c/s.
Secondly, your new spouse's income (at least under current law) will increase your taxes and therefore decrease your net and c/s. In other words, if you filed MFJ and she had no income, you'd pay more support. If she has income, you pay less.
CA does not consider her income, except as to tax effect as just explained, for c/s unless her income allows you to not work or underwork and you claim that you cannot pay c/s.
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