Legal Question in Family Law in California
If I marry a man who is divorced and has a custodial and child support order in force and is current on all payments, can the Ex-wife come after (or request a modification) my wages and assets as well?
1 Answer from Attorneys
No. She can request a recalculation of support and your income must be included in the calculation, but it only affects the estimated taxes and withholding on his income. Only his income, not yours, is included in the determination of income available for support. Depending on how much you both earn and whether you will be subject to the "marriage penalty" effects of certain tax brackets and the alternative minimum tax, the tax on his income MAY go up and his support payments down. The only way your income and assets come into play for actual payment is if he falls behind and you have money or assets that are in joint accounts or held jointly.