Legal Question in Family Law in California
My husband and I recently got married. Can his ex file for more child support from him now because I am working and our household income has changed? Can she go after my income as well?
1 Answer from Attorneys
Your marriage is a "change of circumstances" that gives her grounds to file for a modification. Whether that will get her more support, though, is an open question. It might get her less. The so called "marriage penalty" in the tax rates may push your husband's income into a higher rate. That could actually reduce the support. Of course the marriage could increase deductions such that he has more disposable income. There just is no way to tell without running all the financial details through the Dissomaster program. Your income is now a component of that calculation, but not for determining disposable income - your income is separate for that - only for it's impact on tax rates and deductions from HIS income for purposes of support. As for "going after" your income - as long as your husband makes his payments at whatever is the appropriate amount, nobody can "go after" anything. If he defaults, however, community property is fair game for collections - just as with any lawsuit. So if he is not making his payments, you would want to start keeping your income in a separate account, only in your name and that only you have access to. But as long as he's paying what is due when it is due, you have nothing to worry about.