Legal Question in Family Law in California

An ex-husbands financial obligations for child once remarried

If my ex-husband re-married recently and now has 2 stepchildren will it affect the amount of support he is paying for his own child?


Asked on 7/31/01, 2:32 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: An ex-husbands financial obligations for child once remarried

Yes it will affect the child support, but not necessarily as you may expect or for the good reasons. This is one area where our child support formula is poor. Since your ex's tax status has changed, it will change the formula because child support is calculated based upon net income, after taxes. If your ex's new spouse does not work, his net income goes up, because he is now filing joint with more deductions. If your ex's spouse does work, his net income may go down because he is pushed to another tax bracket and pays more taxes and therefore his child support could go down. It works out the opposite of a fair result. Generally it doesn't make a big difference, but it could. Nothing the courts can do, write your congressman. Good Luck, Pat McCrary

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Answered on 8/04/01, 11:28 am
Ken Koury Kenneth P. Koury, Esq.

Re: An ex-husbands financial obligations for child once remarried

not unless he adopts them

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Answered on 8/01/01, 9:10 am


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