Legal Question in Family Law in California
I have three kids from my ex-husband and he wants to stop child payments due to him recently getting married to another woman; What is the price he should be paying me for each child?
3 Answers from Attorneys
There are too many variables to give you a simple answer. Child support, in essence, is based upon your and his income and the amount of time that he visits them. His getting married is not a reason to stop his support. If he stops paying his support, you may consider assigning your support payments to the Department of Child Support Services for the purposes of collection or speaking with a local family law specialist regarding your rights. Good luck!
A new marriage is not a reason to terminate child support. As Mr. Schneider points out, child support depends on the parties income, and the percentage of time that each parent has the children. You may want to speak to a family law facilitator at your nearest courthouse, and have a dissomaster calculation done.
Not only is new marriage not grounds for stopping support, it may actually increase the support he owes. Depending on whether he is in the marriage penalty tax bracket, or not, he may pay less net tax on his income once he is married, which would increase his net income and therefore increase his net support obligation. You should consult a family law attorney in your area if he stops payments.