Legal Question in Family Law in California

Does being married count my wages too?

I am about to marry a man who was paid to father a child under verbal contract for a lesbian couple. The lesbian couple have split up and now the mother of the child wants child support from my fiance. My fiance has never had any contact with the child at all. The mother works in the same place as my fiance and he has only seen this child once in passing. The child is 5 years old and he has never been involved with the child nor does he plan to. When I marry him will our combined wages be effected by this child support case now pending on him. He plans to go to court to fight the case however I would like to know where our finances stand when we marry in November.


Asked on 7/26/05, 2:35 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Does being married count my wages too?

New spouse income is used only to determine the amount of taxes that are paid by the parent. The often this results in a decrease in child support, as the amount of taxes paid are higher. There are other factors that you should consider. 1. Any property held in the name of both parties, may be attached to collect child support. Thus any joint bank account would be subject to attachment to collect child support. 2. The one factor that affects child support the most is the per cent of time that the child spends with each parent. If he loses in his bid to be determined to not be liable for child support, he should insist that he has visitation with the child.

If he has not done so he should retain an attorney to represent him in this matter.

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Answered on 7/29/05, 5:05 pm


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