Legal Question in Family Law in California

I have been paying child support for the past three years. I have never missed a payment and only have been late once. My first child, of three, is about to turn 18 and move in with me. His mom and I made a contract that stated when the children turn 18, the amount of the support will reduce by 1/3. Now she wants to re-do the agreement threatening to take me to court and even involving my fiancee's income. Can she legally take me back to court and why is my fiancee's finances even a factor?


Asked on 7/18/12, 6:24 pm

3 Answers from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

Actually, if she takes you back to court, she may be doing you a favor. The reason for this is that you current level of child support will continue until there is an order to modify it. Unfortunately, it is unlikely to be reduced by 1/3 and will be recalculated mainly based on yours and hers current income and percentage of custody. If she doesn't take you to court you should file a Request for Order that your support be reduced pursuant to the terms of the current order.

Read more
Answered on 7/18/12, 9:22 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Your fiancee's income is not a factor the court uses to calculate child support for a child from another relationship.

Read more
Answered on 7/19/12, 7:05 am

I agree with the previous answers and write just to clarify. Your contract is essentially worthless. Unless the court can and does legally find that your correct amount of support is 2/3 of what it was, the court must calculate and award the correct amount of support based on the law and you and your ex's current income, taxation, etc. You need to make current income and expense disclosures and then have the Dissomaster calculation done. If you then both accept that number you can file a stipulated order to modify the support and you are done. If you disagree, you go back to court. Until one of you files for a modification, you still owe the full amount, so don't delay. As for your fiancee's income, Ms. Kock is right that it does not count at all. HOWEVER, once you remarry, it does count to the extent it affects your tax situation. It does NOT affect how much income is considered available for support, however, since she cannot be ordered to contribute her income to support your children from a previous relationship.

Read more
Answered on 7/22/12, 1:16 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California