Legal Question in Family Law in California
Child Support
I will be marrying a man that is currenlty paying child support. Once married will my income be included to calculate how much he should pay? If he dies will I be responsible to continue making the payments?Is there a way to dray up a legal documents that excludes me from and states that in life or death he is the only one responsible for those payments?
1 Answer from Attorneys
Re: Child Support
The general rule is that only his income is responsible for the payment of child support. Your income would be placed into the computer program for the purpose of calculating the amount of income taxes he pays. There could be come unusual circumstances under which your income could be used to collect child support. If he has any arrears and there is an attachment of a bank account, any of your wages in the account would be taken. Maintaining separate bank accounts will eliminate this problem. Once he dies you would have no further duty to pay his child support obligation.