Legal Question in Family Law in California

Child support changes once you remarry

My soon to be wife has 2 kids 10 years 12 years old , she get child support from her Ex , will the amount change once she remarrys? currently she is living in low income housing and only works part time.

She heard that if she is working when she get remarried that her child support amount will go down?

Thanks

T


Asked on 6/12/01, 2:59 pm

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Child support changes once you remarry

First off the amount does not automatically change. The other party would have to do an OSC seeking to change support. There is a statutory guideline in this State as to how much support is to be paid and to whom, based upon, time/income/custodial time. If the soon to be wife's expenses are reduced by getting remarried, (the new spouse contributes to rent, expenses, etc.) or her income goes up, etc. than the amount could be reduced. There is no automatic reduction because she gets remarried.

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Answered on 6/28/01, 1:09 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Child support changes once you remarry

Her child support may go up because of marrying you. That is because her "net income" will go down because she will no longer receive an earned income credit. There are many other factors that effect the child support, such as the new per child tax credit going up to $1,000. Also, if the order includes child care, a 12 year old does not need child care. The effect of getting married on child support is relatively nominal and nothing to lose sleep over. You may wish to get a consultation with an attorney in your area to give you more information on child support, or you may go to my web site www.californiachildsupport.com which answers many common queistions. Good Luck, Pat McCrary

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Answered on 6/28/01, 8:41 pm


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