Legal Question in Family Law in California
I have an ex-husband who pays me child support here in California. I am about to ask for a review/adjustment of the amount. Does my NEW husband's income have any affect on the new amount that will be computed? Also, does our family "net worth" have any impact on the new support payment that will be computed? I ask because we (he and myself as a family) own three properties, two of which are substantially UNDER WATER.
2 Answers from Attorneys
No, it is all about income, your new husband's income should not matter when the divorce judge uses Dissomaster to compute child support, the only income that is inputted is your income and your ex-husband's income. You can point out your situation and ask the family law judge to modify accordingly, that is, ask for more child support due to your dire situation.
The judge is not going to give you any extra child support to fund your bad investments, especially not when you are free at any time to allow them to go into foreclosure or short sell them. Things like catastrophic medical debts may be grounds for deviation from guideline support, but not poor investment debt, especially when you can get out of it. As for your new husband's income, Mr. Tuann is not entirely correct, but mostly. His income is not used to determine money available to pay child support, but it is used to determine tax bracket and other factors that have an effect on the amount of support.