Legal Question in Family Law in California
Domestic Partner registration & child support
My ex-wife and I divorced a little over a year ago when I admitted I was gay. I am currently providing her with child support for our two children as she was given primary custody in our divorce. At the time of our divorce, physical custody was split 72%/28%. Late last year, she remarried and moved out of state with the kids. I have a partner with whom I have registered a domestic partnership. Based on when I can have the kids during the year, my actual custody is now about 15%. Our kids are 11 and 8.
At this time, I am still providing child support based on her income figures before she was remarried. Now that she has a new husband and his income as well, & living in a state w/a much lower cost of living, I would like to go back to court and have the child support modified to reflect that.
My question: could she turn around and try to claim my partner�s income as part of mine since we�re registered domestic partners?
3 Answers from Attorneys
Re: Domestic Partner registration & child support
Neither of your "new mates" incomes are considered. Nor is her less expensive state that she has moved to. What will be considered is her lower income and the smaller % of your time share. You should run a support calculation before you make a motion. You probably would be ordered to pay more not less.
Reply: Domestic Partner registration & child support
Going back to court to seek a modification of child support without first consulting with an experienced family law lawyer to make an assessment of the probable results is not a good idea. The lower cost of living in another state will not result in a lower child support calculation.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site including child support calculations.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Domestic Partner registration & child support
You would be well advised to run a dissomaster prior to filing any motions with the court. New spouse income is taken into account only for tax purposes. the difference in the timeshare and her reduced income will probably hurt - not help you. Also, the difference in the standard of living in another state is irrelevant.
Regards,
Damian Nolan
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