Legal Question in Family Law in California

My fiance and i are planning to get married soon. He is divorced for approx 5 years, he pays 700.00 a month child support for his 16 year old son. He does not pay alimony, his exwife took a lump sum payment in lieu of alimony, which she has already received. Can she take my fiance back to court for more child support based on my income or our combined assets once we are married?


Asked on 9/14/09, 7:22 pm

2 Answers from Attorneys

Your marriage will constitute a change of circumstances that would allow her to get back into court for a review of the child support. The court cannot, however, take your assets or income to determine your fiancee's support obligation. What will change is his tax filing status and possibly other things depending on your joint finances, e.g. his deductions may go up or down. Those things do affect the DissoMaster support calculations. The amount of support may go up, or it may go down, actually, if you fall into the "marriage penalty" tax brackets.

Regardless of what happens with the support calculations, though, whenever there's a greedy ex in the picture, I highly recommend that soon-to-be-married couples review thier financial situation and planning with a family law attorney, and get advice on whether a pre-nuptual agreement would be of benefit in dealing with the ex.

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Answered on 9/15/09, 1:12 am
Robert Mccoy Law Office Of Robert McCoy

Your income and assets cannot ordinarily be considered when the court determines your husband's child support, unless he claims hardships, in which case, your income and assets can be considered.

More importantly, however, your assets can be taken away to satisfy a past due support obligation, unless you have a prenuptial agreement designating those assets as separate property. You may want to seriously consider such an agreement before it is too late.

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Answered on 9/15/09, 3:04 pm


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